Bill Text: MI SB0102 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Traffic control; driver license; procedures for suspension and reinstatement of driver license due to child support arrearage; revise. Amends sec. 321c of 1949 PA 300 (MCL 257.321c). TIE BAR WITH: SB 0100'09
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2009-02-10 - Referred To Committee On Families And Children's Services [SB0102 Detail]
Download: Michigan-2009-SB0102-Engrossed.html
SB-0102, As Passed Senate, February 10, 2009
SENATE BILL No. 102
January 28, 2009, Introduced by Senators GARCIA and JANSEN and referred to the Committee on Families and Human Services.
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is rescinded within 7 business days after receipt of an order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,
or invalid, the license is immediately reinstated and valid 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 shows a copy of a certificate obtained under
subsection (3) that was issued to the person within the previous 10
days to a law enforcement officer, the law enforcement officer
shall not arrest or issue a citation to the person for driving on a
suspended license, on an expired license, or without a license on
the basis of any matter resolved under subsection (3), even if the
secretary of state has not yet received or recorded the
certificate.
(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.
