February 16, 2010, Introduced by Reps. Valentine, Meadows, Bauer, Jackson, Bennett, Angerer and Johnson and referred to the Committee on Ethics and Elections.
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 the effective date of the amendatory act that
added this subsection, 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) Not later than 30 days before the department signs any
documentation executing the move or consolidation of the office,
the 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) Any member of the senate or the house of representatives
representing the district in which the move or consolidation is
occurring.
(d) 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.