Act No. 283

Public Acts of 2014

Approved by the Governor

September 23, 2014

Filed with the Secretary of State

September 23, 2014

EFFECTIVE DATE: December 31, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Senators Caswell, Jones, Meekhof, Booher, Hansen, Colbeck, Ananich, Nofs, Bieda, Brandenburg, Casperson, Emmons, Green, Gregory, Hood, Hopgood, Jansen, Johnson, Kowall, Marleau, Moolenaar, Pappageorge, Proos, Richardville, Robertson, Rocca, Schuitmaker, Warren and Young

ENROLLED SENATE BILL No. 633

AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding section 732b.

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 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 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.

Enacting section 1. This amendatory act takes effect December 31, 2014.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5414 of the 97th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor