SB-0611, As Passed Senate, October 19, 2017

SUBSTITUTE FOR

SENATE BILL NO. 611

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)~~ 732a(1) or (2)(b)(iii)

or (iv), (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~~ secretary of state is notified that

the individual intends to engage in community service ~~is filed with~~

~~the department of treasury under~~ as provided in 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)~~ 732a(1) or

(2)(b)(iii) or (iv), (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, no later than 30 days after

receiving the properly completed community service form, 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 from the

date the secretary of state received the notification. 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)~~ 732a(1) or

(2)(b)(iii) or (iv), (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