Bill Text: MI SB0390 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Traffic control; driver license; motorcycle endorsement for operation of an autocycle; eliminate. Amends secs. 312a & 312b of 1949 PA 300 (MCL 257.312a & 257.312b).
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2013-12-03 - Assigned Pa 0177'13 With Immediate Effect [SB0390 Detail]
Download: Michigan-2013-SB0390-Engrossed.html
SB-0390, As Passed Senate, June 5, 2013
SUBSTITUTE FOR
SENATE BILL NO. 390
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 208b, 312a, and 312b (MCL 257.208b, 257.312a,
and 257.312b), section 208b as amended by 2011 PA 159 and section
312b as amended by 2004 PA 362.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 208b. (1) The secretary of state may provide a commercial
look-up service of records maintained under this act. For each
individual record looked up, the secretary of state shall charge a
fee
specified annually by the legislature
, or, if the legislature
does not specify a fee, a market-based price established by the
secretary of state. The secretary of state shall process a
commercial look-up request only if the request is in a form or
format prescribed by the secretary of state. In addition to the fee
specified annually by the legislature or, if the legislature does
not specify a fee, a market-based price established by the
secretary of state under this subsection, the department may, upon
a request from the department of technology, management, and
budget, collect an additional web portal development fee to be used
for state of Michigan web portal development. Fees collected under
this
subsection on and after October 1, 2005 through October 1,
2015
shall be credited to the
transportation administration
collection fund created in section 810b.
(2) The secretary of state may designate a private entity to
provide a commercial look-up service and collect fees authorized by
the legislature and secretary of state under this section. Fees
collected under this subsection shall be credited to the
transportation administration collection fund created in section
810b, except that a web portal development fee collected by a
private entity under this subsection shall be used by that private
entity for state of Michigan web portal development and shall not
be remitted to the transportation administration collection fund. A
private entity designated under this subsection shall be chosen
through competitive bidding unless the department affirmatively
finds that, under the circumstances relating to a commercial look-
up service, some other method is in the public interest. The
department's findings under this subsection shall be reported to
the department of technology, management, and budget and the
appropriations subcommittees of the senate and house of
representatives no later than 90 days before work is commenced.
(3) (2)
A driver education provider shall
subscribe to the
commercial
look-up service maintained by the secretary of
state.described in subsection (1).
(4) (3)
A driver education provider shall
maintain on its
premises the most current copy of all nonpersonal information
related to his or her driving record and the driving record of each
instructor employed by the driver education provider for review by
any prospective customer or the parent or guardian of a prospective
customer.
(5) (4)
A prospective customer or the
parent or guardian of a
prospective customer may review a copy of all nonpersonal
information related to the driving record of the driver education
provider or an instructor employed by the driver education
provider.
(6) (5)
A driver education provider shall
include in its
contract with each client, as prescribed by the secretary of state,
a notice that nonpersonal information related to the driving record
of each individual instructor is available for review by the
general public. A driver education provider who fails to include
the information required by this subsection is subject to a fine of
not more than $500.00.
(7) (6)
Each limo carrier of passengers
shall subscribe to the
commercial
look-up service maintained by the secretary of
state.described in subsection (1).
(8) (7)
A person who drives a limousine for
hire for a limo
carrier of passengers shall maintain a most current copy of all
nonpersonal information related to the person's driving record in
the limousine available for review by any prospective passenger.
(9) (8)
A prospective passenger may review
a copy of all
nonpersonal information related to the driving record of the driver
of a limousine from a limo carrier of passengers or from the driver
of the limousine.
(10) (9)
The secretary of state or a private entity acting on
behalf of the secretary of state under this section shall not
provide an entire computerized central file or other file of
records maintained under this act to a nongovernmental person or
entity, unless the person or entity pays the prescribed fee for
each individual record contained within the computerized file.
(11) (10)
A driver training school operator who
fails to
provide the information required to be maintained by this section
is subject to a fine of not more than $500.00. Each failure to
provide information constitutes a separate offense.
(12) (11)
A limo carrier of passengers who
fails to provide
the information required to be maintained by this section is
subject to a fine of not more than $500.00. Each failure to provide
information constitutes a separate offense.
(13) (12)
The driver of a limousine who fails
to provide the
information required by this section is subject to a fine of not
more than $500.00. Each failure to provide information constitutes
a separate offense.
(14) (13)
As used in this section:
(a) "Driver education provider" means that term as defined in
section 5 of the driver education provider and instructor act, 2006
PA 384, MCL 256.625.
(b) "Limo carrier of passengers" and "limousine" mean those
terms as defined in section 3 of the limousine transportation act,
1990 PA 271, MCL 257.1903.
Sec. 312a. (1) A person, before operating a motorcycle, other
than an autocycle, upon a public street or highway in this state,
shall
procure a motorcycle indorsement on the his or her operator's
or chauffeur's license. The license shall be issued, suspended,
revoked, canceled, or renewed in accordance with and governed by
this act.
(2) A person, before operating a moped upon a highway shall
procure a special restricted license to operate a moped unless the
person has a valid operator's or chauffeur's license. A special
restricted license to operate a moped may be issued to a person 15
years of age or older if the person satisfies the secretary of
state that he is competent to operate a moped with safety. The
secretary of state shall not require a road test before issuance of
a special restricted license to operate a moped.
(3) A special restricted license to operate a moped shall
expire on the birthday of the person to whom it is issued in the
fourth year following the date of issuance. A license shall not be
issued for a period longer than 4 years. A person issued a license
to operate a moped shall pay $7.50 for an original license and
$6.00 for a renewal license. The money received and collected under
this subsection shall be deposited in the state treasury to the
credit of the general fund. The secretary of state shall refund out
of the fees collected to each county or municipality, acting as an
examining officer, $2.50 for each applicant examined for an
original license and $1.00 for a renewal license.
Sec. 312b. (1) Before a person who is less than 18 years of
age is issued an original motorcycle endorsement on an operator's
or chauffeur's license, the person shall pass an examination as
required by this section and a motorcycle safety course as provided
in section 811a or 811b.
(2) Before a person who is 18 years of age or older is issued
an original motorcycle endorsement on an operator's or chauffeur's
license, the person shall pass an examination as required by this
section. A person who fails this examination 2 or more times is
required to successfully complete a motorcycle safety course as
provided in section 811a or 811b. Each written examination given an
applicant for a motorcycle endorsement on an operator's or
chauffeur's license as provided in section 309 shall also include
subjects designed to cover a motorcycle. A person shall pass an
examination that shall include a driving test designed to test the
competency of the applicant for the first motorcycle endorsement on
an operator's or chauffeur's license to operate a motorcycle upon
the roads and highways of this state with safety to himself or
herself and other persons and property. All examinations shall be
administered as provided in this act. The requirement of a
motorcycle driving skills test shall be waived for an applicant who
has successfully completed a motorcycle safety course conducted by
a school or business enterprise as provided in section 811a or
811b. The motorcycle safety course skills test shall meet or exceed
the motorcycle skills test from the secretary of state. The
requirement of a motorcycle driving skills test may be waived if
the applicant has a valid license or endorsement to operate a
motorcycle from another state.
(3) A motorcycle endorsement issued to a person who operates a
3-wheeled
motorcycle or an other
than an autocycle shall be is
restricted to operation of that type of motorcycle and does not
permit operation of a 2-wheeled motorcycle. The secretary of state
shall
develop a driving test specifically pertaining to an
autocycle
or a 3-wheeled motorcycle other than an autocycle.
(4) The secretary of state is responsible for establishing and
conducting the motorcycle operator driving skills test and shall
promulgate rules under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, for purposes of this subsection.
An audit of the motorcycle safety fund shall be conducted by the
office of the auditor general to determine compliance with the
requirement that funds are being withdrawn only in relation to this
act. A copy of the audit shall be transmitted to the legislature
upon completion.
(5) The secretary of state may enter into an agreement with
another public or private corporation or agency to conduct a
driving skills test required under this section. Before the
secretary of state authorizes a person to administer a
corporation's or agency's driver skills testing operations or
authorizes an examiner to conduct a driving skills test, that
person or examiner must complete both a state and federal bureau of
investigation fingerprint based criminal history check through the
department of state police. In an agreement with another public or
private corporation or agency to conduct a driving skills test
under this section, the secretary of state shall prescribe the
method and examination criteria to be followed by the corporation,
agency, or examiner when conducting the driving skills test and the
form of the certification to be issued to a person who
satisfactorily completes a driving skills test. For administering
and overseeing a third party motorcycle testing program, the
secretary of state shall be reimbursed from the motorcycle safety
fund a total amount that does not exceed 50% of the department's
1995-1996 fiscal year appropriation for motorcycle testing under
this section.
(6) A person who corrupts or attempts to corrupt a
corporation, agency, or examiner that conducts a driving skills
test under an agreement entered into with the secretary of state
under this section by giving, offering, or promising any gift or
gratuity with the intent to influence the opinion or decision of
the corporation, agency, or examiner conducting the driving skills
test is guilty of a felony.
(7) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an
agreement entered into under this section and who varies from,
shortens, or in any other way changes the method or examination
criteria prescribed to be followed under that agreement in
conducting a driving skills test under this section is guilty of a
felony.
(8) A person who forges, counterfeits, or alters a
satisfactorily completed driving skills test certification issued
by a designated examining officer appointed or designated by the
secretary of state under this section is guilty of a felony.
