HB-5811, As Passed House, February 24, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5811

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 205 (MCL 257.205), as amended by 1980 PA 398.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 205. (1) The Subject to subsection (2), the secretary of

state shall maintain an office in the state capitol complex , and

in other places in the state as the secretary of state he or she

considers necessary to carry out the powers and duties vested in

the secretary of state. At least 1 office shall be established in

each county of the state and in each city of the state having a

population of 10,000 or more, but not within a radius of 5 miles

from a county office location. This subsection does not apply in a

county having a population of 300,000 or more, nor to contiguous

cities having a combined population of 10,000 or more.

     (2) Beginning February 16, 2010, the secretary of state shall

cease the closure, opening, or consolidation of branch offices

until such time as the conditions described in subsections (3) and

(4) are fulfilled. Subsection (3) is considered fulfilled when a

report describing the decision process is filed with the secretary

of state and published on the secretary of state's website.

     (3) The secretary of state shall establish, by administrative

order, a written procedure regarding the closure, opening, or

consolidation of branch offices that includes, but is not limited

to, the following factors:

     (a) The method of calculating the amount of financial savings

to the department of the change. The amount of financial savings

shall identify and provide a specific breakdown of the current

operational costs, proposed operational costs, and moving costs.

The calculation shall also determine the length of time over which

the costs are considered recoverable.

     (b) Factors demonstrating convenience due to the change in

location or consolidation. The determination of convenience shall

address the increase or decrease in space, points of service,

staffing, hours of operation, and location insofar as proximity to

the largest population considered likely to physically visit the

office.

     (c) Close proximity to public transportation.

     (d) Factors demonstrating any increased efficiency in the

delivery of service.

     (4) At least 180 days before closing or consolidating a branch

office and at least 60 days before relocating a branch office, the

House Bill No. 5811 (H-1) as amended February 24, 2010

secretary of state shall send written notice to the following:

     (a) The chair of the county board of commissioners.

     (b) The county executive or administrator.

[(c) The chief executive officer of any township or city wherein a closing or consolidation of a branch office is planned.

(d)] Any member of the senate or the house of representatives

representing the district in which the move or consolidation is

occurring.

[(e)] The auditor general.

     (5) A person licensed as a dealer under section 248 , is not

eligible for appointment to conduct, manage, or be an employee of a

branch or fee office of the secretary of state.

(6) (2) A bond may be required of a person in an office

established under subsection (1) in an amount that the secretary of

state prescribes to cover the safe handling of money received under

this act. The secretary of state shall not be held personally

liable for a loss of money because of armed robbery, larceny,

embezzlement, riot, act of God, or other act of a person resulting

in a loss of money which is within the authority and responsibility

of the secretary of state as the administrator of this act.

(7) (3) A person appointed to conduct a branch office shall

receive the necessary expenses of the office and compensation to be

fixed by the secretary of state. , and necessary expenses of the

office. The compensation and expenses shall be paid out of the

Michigan transportation fund established in section 10 of 1951 PA

51, MCL 247.660, and shall be deducted from the fund before the

fund is certified to the state treasurer.