Bill Text: MI SB0628 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Vehicles; motorcycles; motorcycle safety and training act; create. Creates new act.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2009-06-09 - Referred To Committee On Transportation [SB0628 Detail]
Download: Michigan-2009-SB0628-Introduced.html
SENATE BILL No. 628
June 9, 2009, Introduced by Senators KAHN, McMANUS and BROWN and referred to the Committee on Transportation.
A bill to create the motorcycle safety and training act; to
provide for the approval and certification of motorcycle training
programs and instructors; to establish training requirements and
standards; to prescribe the powers and duties of certain state
departments and agencies and other persons; to provide funding for
program grants; to provide for distribution from certain funds; and
to provide sanctions, remedies, and penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"motorcycle safety and training act".
Sec. 2. As used in this act:
(a) "Certificate of completion" means a written or electronic
authorization that a sponsor may issue to a student to fulfill the
waiver requirements for purposes of section 312b of the Michigan
vehicle code, 1949 PA 300, MCL 257.312b.
(b) "Completed application" means an application complete on
its face, signed by the person, and submitted with any other
information, records, approval, insurance, surety, or similar item
required by law or rule from a local unit of government, a federal
agency, another department or state agency, or a private entity.
(c) "Conviction" means a conviction for a crime or attempted
crime whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, or a law of
another state substantially corresponding to a law of this state.
The department shall consider a conviction for an attempted
violation in the same manner as if the offense had been completed
when determining the applicability of the criteria listed in this
act.
(d) "Criminal history record information" means that term as
defined in section 1a of 1925 PA 289, MCL 28.241a.
(e) "Department" means the department of state.
(f) "Educational institution or governmental agency" means a
public school, nonpublic school, or public school academy as those
terms are defined in section 5 of the revised school code, 1976 PA
451, MCL 380.5; a community college, a 4-year college, or a
university; any other body of higher education; a law enforcement
agency; a local unit of government, a federal agency, or another
department or state agency; or a combination of any of these
entities.
(g) "Instructor" means a person whom the department approves
as having met the requirements under this act to instruct a student
in a motorcycle safety course.
(h) "Motorcycle" means that term as defined in section 31 of
the Michigan vehicle code, 1949 PA 300, MCL 257.31.
(i) "Motorcycle safety course" or "course" means a program of
study offered by a sponsor that enables a student to acquire the
basic knowledge and skill necessary to operate a motorcycle.
(j) "Motorcycle safety fund" means the fund established in the
department of treasury under sections 312b, 312c, and 801 of the
Michigan vehicle code, 1949 PA 300, MCL 257.312b, 257.312c, and
257.801, used to fund the motorcycle safety education course as
provided by section 312b of the Michigan vehicle code, 1949 PA 300,
MCL 257.312b, and this act.
(k) "Motorcycle safety instructor preparation course" means a
course offered by the motorcycle safety foundation or by a
nationally recognized motorcycle safety and training organization
that a person must complete before obtaining approval as an
instructor.
(l) "Person" means an individual, partnership, corporation,
association, limited liability company, educational institution,
governmental agency, or other legal or commercial entity, or their
successors.
(m) "Sponsor" means a person whom the department approves as
having met the requirements under this act to offer a motorcycle
safety course. Sponsor does not include a person who provides a
motorcycle safety course that is not available to the public.
Sec. 4. (1) The department may perform all of the following
duties:
(a) Establish the standards for a motorcycle safety course
that may include adopting by reference the standards of the
motorcycle safety foundation or a nationally recognized motorcycle
safety and training organization.
(b) Administer a grant program that allows an educational
institution or governmental agency to submit an application to
receive money from the motorcycle safety fund. The educational
institution and governmental agency may use money from the
motorcycle safety fund for, but not limited to, the following:
(i) Expenses to provide a motorcycle safety course approved
under this act.
(ii) Purchasing of motorcycles, training equipment, and
supplies.
(iii) Conducting training workshops and seminars.
(c) Designate a person to be the state coordinator for the
motorcycle safety and training program. The state coordinator may
provide the day-to-day management and oversight of the program.
(d) Designate a person to perform or assist in performing a
duty for the program, including, but not limited to:
(i) Developing or conducting training.
(ii) Inspecting a motorcycle safety course.
(iii) Performing a quality assurance visit.
(iv) Performing a curriculum review.
(v) Evaluating and approving a request for a minor curriculum
deviation.
(vi) Other duties determined necessary by the department.
(e) Contract with a person to perform a duty listed in this
section.
(2) The department shall determine the qualifications a person
shall have to perform the duties under this section. A person
designated to perform a duty under subsection (1)(c) and (d)(i) to
(iii) shall complete an instructor preparation course before the
effective date of his or her designation and shall maintain
instructor certification through the motorcycle safety foundation
or a nationally recognized motorcycle safety and training
organization.
(3) The department may expend money in the motorcycle safety
fund to administer this act.
(4) Except for an educational institution or governmental
agency, a sponsor or instructor shall reimburse the department for
the cost of the sponsor or instructor to attend a workshop,
seminar, or training program that is provided by the department
using money from the motorcycle safety fund if the workshop,
seminar, and training program is required to meet a requirement
under this act. If an instructor is engaged in activity as an
instructor for 2 or more sponsors, the cost shall be prorated among
the sponsors.
(5) Money received by the department under this section shall
be deposited in the motorcycle safety fund.
Sec. 5. (1) A person seeking approval as a sponsor shall
submit the following to the department in a format and as
prescribed by the department:
(a) A properly completed application as prescribed under this
section.
(b) Except as provided in subsection (3), written or
electronic verification that the person maintains or will maintain
the surety bond required under section 6.
(c) Except as provided in subsection (3), written or
electronic verification that the person maintains or will maintain
the premises liability insurance required under section 6.
(2) An application for approval as a sponsor shall include the
following:
(a) The name of the agency, address, and telephone number of
the person.
(b) The name of the owner, project manager, or authorized
representative of the person.
(c) The location where a record, report, or other
documentation required under this act shall be maintained and
available for inspection by the department or an authorized
representative.
(d) A written description of the facilities for classroom
instruction and range instruction, including photographs and
diagrams.
(e) A description of the course location for classroom
instruction and range instruction.
(f) A list of the names of instructors.
(g) A proposed course schedule for an initial distribution of
certificates of completion.
(h) An affirmation that the location for classroom instruction
and range instruction and the location where records shall be
maintained meet all applicable zoning requirements and municipal
requirements.
(i) An affirmation that the sponsor shall provide a motorcycle
safety course that is certified or approved by the motorcycle
safety foundation or another nationally recognized motorcycle
safety and training organization, or a course the department has
reviewed and approved as substantially meeting or exceeding the
department's established standards.
(j) An affirmation that a preliminary inspection of the
location for classroom instruction and range instruction, if
required, has been conducted and submitted to the motorcycle safety
foundation or a nationally recognized motorcycle safety and
training program.
(k) Other information and documentation required by the
department.
(3) The surety bond and premises liability insurance
requirements in subsection (1)(b) and (c) do not apply to an
educational institution or governmental agency.
(4) A college, university, intermediate school district, local
school district, law enforcement agency, other governmental agency
located in the state, or private business enterprise, which was
approved as a sponsor prior to the effective date of this act, may
continue as a sponsor under this act.
Sec. 6. (1) A surety bond required under this act shall be
maintained without interruption to protect the contractual rights
of students. The bond of a sponsor with 499 or fewer students in a
calendar year shall be in the principal sum of $10,000.00 with good
and sufficient surety to be approved by the department. The bond of
a sponsor with 500 or more students in a calendar year shall be in
the principal sum of $20,000.00 with good and sufficient surety to
be approved by the department. The aggregate liability of the
surety shall not exceed the sum of the bond. The surety on the bond
may cancel the bond by giving 30 days' written or electronic notice
to the department. After giving notice, the surety is not liable
for a breach of condition occurring as of the effective date of the
cancellation.
(2) Premises liability insurance required under this act shall
insure premises liability on the classroom and range facilities
used in a motorcycle safety course in an amount that meets or
exceeds the requirements by the motorcycle safety foundation or a
nationally recognized motorcycle safety and training organization.
The insurer shall be authorized to do business in Michigan. The
insurer may cancel the insurance before its expiration date by
giving the department written or electronic notice as determined by
the department of the insurer's intent to cancel the insurance at
least 30 days before cancellation.
(3) If the department receives written or electronic notice to
cancel a sponsor's surety bond required under subsection (1) or
premises liability insurance coverage required under subsection
(2), the department shall notify the sponsor that the sponsor's
approval shall be automatically withdrawn unless the department
receives a new surety bond or a new insurance certificate within 30
days. A sponsor that cancels the surety bond or the insurance
before the expiration date of the bond or insurance shall furnish
the department with written or electronic notice as determined by
the department of that change or termination and submit proof of a
new or renewal surety bond or premises liability insurance
coverage. If the sponsor fails to submit a new or renewal surety
bond or proof of premises liability insurance to the department
within 30 days, the department may automatically withdraw the
sponsor's approval on the effective date of the cancellation or
expiration.
(4) The department may reinstate the approval for a sponsor
under this section if the sponsor submits written or electronic
verification that the person will maintain the surety bond or
premises liability insurance required under this act and the person
otherwise meets the requirements for approval as a sponsor.
Sec. 7. (1) The department may approve a person as a sponsor
when the department is satisfied that the person meets the
requirements under this act.
(2) The department shall assign an identifying number to a
sponsor and may require the sponsor to include the identifying
number in a report or document submitted to the department or
issued to a student.
(3) A person shall not transfer the approval of a sponsor to
another person.
Sec. 8. (1) A sponsor shall comply with all of the following:
(a) Verify that an instructor is approved by the department
before employing, hiring, contracting, or otherwise engaging the
person as an instructor for a motorcycle safety course. The
department may prescribe the method and manner that a sponsor uses
to verify an instructor's approval.
(b) Certify annually that the sponsor has submitted to the
department all information, reports, records, or other
documentation or information required each year by November 15.
(c) Provide a motorcycle safety course that meets or exceeds
the department's established standards.
(d) Administer a knowledge test and a skills test to each
student at the completion of his or her motorcycle safety course.
The knowledge and skills tests shall be administered according to
the standards established by the department, including a passing
score and the number of times a student may take the test.
(e) Verify that each student enrolled in a motorcycle safety
course is 15 years of age or older.
(f) Obtain the consent from a parent or the legal guardian for
each student who is less than 18 years of age.
(g) Issue a certificate of completion to each student who has
successfully completed a motorcycle safety course. The certificate
shall be issued in a format and manner, including electronic
submission, determined by the department.
(2) A sponsor shall allow an employee or authorized
representative of the department to inspect the location for
classroom instruction or range instruction as determined necessary
by the department.
(3) Except for an educational institution or governmental
agency, a sponsor shall pay a person designated under section
4(1)(d) a cost as determined by the person to:
(a) Conduct an inspection under section 4(1)(d)(ii).
(b) Perform a curriculum review under section 4(1)(d)(iv).
Sec. 9. (1) A sponsor shall notify the department not more
than 14 days after a change in any of the following:
(a) The status of an individual as an officer, member,
partner, manager, or authorized official of the sponsor.
(b) The location of classroom instruction or range
instruction.
(c) The location where a record, report, or other
documentation required by this act is maintained.
(d) The status of an individual as an instructor for a
motorcycle safety course.
(e) The residency of an instructor. If an instructor is no
longer a Michigan resident, the sponsor shall sign a statement as
required under section 10 that the sponsor agrees to submit, in a
format established by the department, a certified driving record on
an annual basis to the department. The certified driving record
from the instructor's state of residence shall be prepared no more
than 60 days before its submission to the department.
(2) A sponsor shall notify the department not more than 14
days after a lapse in the certification or the decertification of
the sponsor's motorcycle safety course by the motorcycle safety
foundation or a nationally recognized motorcycle safety and
training organization.
(3) A person who ceases operations as a sponsor or who no
longer qualifies as a sponsor shall do all of the following within
14 days, as applicable:
(a) Prepare and submit a final inventory listing each
certificate of completion that the department issued to the sponsor
during the past year.
(b) Return all certificates of completion in the sponsor's
possession that the sponsor has not issued to a student.
(c) Prepare and submit a written explanation for any
certificate of completion that was not issued to a student and is
not returned to the department.
(d) Identify the location where the information, records, or
other documents that the sponsor is required to maintain under this
act will be stored for 4 years after the sponsor stops operating or
fails to qualify as a sponsor.
(e) Prepare and submit any final grant report required under
section 17.
(f) Prepare and submit a final inventory listing each
motorcycle and all equipment or other supplies that were purchased
with money from the motorcycle safety fund.
(g) Assist the department in the transfer of a motorcycle or
any equipment to another grant eligible sponsor if the motorcycle
or equipment was purchased with grant funds.
Sec. 10. (1) A sponsor may submit a properly completed
application for the approval of a person as an instructor. The
completed application shall include the following information and
other documentation:
(a) The person's complete name, address, and telephone number.
(b) The person's date of birth.
(c) The person's Michigan driver license number or the driver
license number from the person's state of residence. If the person
is not a Michigan resident, the application shall include:
(i) A certified driving record from the person's state of
residence that was prepared no more than 60 days before its
submission to the department.
(ii) A statement signed by the sponsor that he or she agrees to
submit a certified driving record on an annual basis to the
department.
(d) Criminal history check as prescribed under section 11.
(e) An affirmation signed by the person that he or she does
not have a pending criminal matter or an outstanding arrest,
warrant, or conviction since submitting a request for a criminal
history check under section 11.
(f) The date and location of the motorcycle safety instructor
preparation course the person successfully completed or is
scheduled to attend.
(g) Other information and documentation required by the
department.
(2) The department may approve a person as an instructor for a
sponsor when the department is satisfied that the person meets the
following requirements:
(a) Is at least 18 years old on the date of the application.
(b) Possesses a valid driver license, including a motorcycle
endorsement that has been in continuous effect for not less than 1
year immediately preceding the application.
(c) Has successfully completed a criminal history check as
prescribed under section 11 that complies with the criminal history
requirements as prescribed under section 18.
(d) Driving record that complies with the driving record
requirements as prescribed under section 19.
(e) Successfully completed a motorcycle safety instructor
preparation course conducted by the motorcycle safety foundation or
a nationally recognized motorcycle safety and training
organization.
(f) Other information and documentation required by the
department.
(3) If the department receives an instructor application for a
person who meets all the requirements under this section except for
the requirement in subsection (2)(e), the department may approve
the person for the limited purpose of participating in a motorcycle
safety instructor preparation course. A person approved for the
limited purpose of participating in a motorcycle safety instructor
preparation course shall not provide instruction for a motorcycle
safety course until the person successfully completes the
instructor preparation course and the person has been approved by
the department as an instructor under this section. The department
shall approve the person as an instructor if the department
receives evidence that the person has successfully completed the
motorcycle safety instructor preparation course required under
subsection (2)(e) and is otherwise qualified under this act to be
an instructor. If the person fails to successfully complete a
motorcycle safety instructor preparation course within a calendar
year from the date the department received the instructor
application, the sponsor shall submit a new instructor application
and other documentation for the person as required under this
section.
(4) A person who was approved as an instructor prior to the
effective date of this act may continue as an instructor under this
act.
(5) The department shall assign an identifying number to an
instructor who has been approved under this section and shall
require a sponsor and the instructor to list the identifying number
in a certificate of completion, a report, and other documentation.
Sec. 11. (1) If a criminal history check is required under
this act, it shall be performed by the department of state police
and the federal bureau of investigation.
(2) An applicant seeking approval as an instructor shall
provide the department of state police with a set of fingerprints.
The request and required fees shall be made in a manner prescribed
by the department of state police. The department of state police
shall conduct a criminal history check on the applicant in the
automated fingerprint identification system database and forward
the applicant's fingerprints to the federal bureau of
investigation. The department of state police shall request the
federal bureau of investigation to make a determination of the
existence of any national criminal history pertaining to the
applicant.
(3) The department of state police shall conduct a criminal
history check after receiving a proper request and the required fee
from the person for a criminal history check under this section.
After conducting the criminal history check, the department of
state police shall furnish the department with a report of the
criminal history check. The report shall contain any criminal
history record information on the person maintained by the
department of state police.
(4) Except as otherwise provided in this act, the department
shall not approve a person as an instructor before receiving and
reviewing the applicable criminal history checks from the
department of state police and the federal bureau of investigation.
(5) The department shall use criminal history record
information received under this section only for evaluating a
person's qualifications for approval as an instructor under this
act. The department may only discuss the report or its contents
with the department of state police or a person who was involved in
the prosecution of a criminal matter noted in a report for purposes
of clarifying whether an offense is a crime described in this act.
(6) The department of state police shall save and maintain in
its automated fingerprint identification system (AFIS) database all
fingerprints that are submitted to the department of state police
under subsection (2). If a criminal arrest fingerprint card is
subsequently submitted to the department of state police and
matches against a fingerprint that was submitted under subsection
(2) and stored in the AFIS database, the department of state police
shall notify the department. The department shall review the
information in accordance with the criminal history criteria for an
instructor under this act. Information in the database established
under this subsection is confidential, is not subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, and shall not be disclosed to any person except for
purposes of this act or for law enforcement purposes.
Sec. 12. (1) An instructor shall notify the department not
more than 14 days after any of the following occurs:
(a) The person has been decertified as an instructor by or has
allowed his or her certification to lapse with the motorcycle
safety foundation or a nationally recognized motorcycle safety and
training program.
(b) A conviction for a violation or attempted violation, a
finding of responsibility for a civil infraction, or a driving
record activity listed in section 18 or 19. A notice required under
this subdivision shall do all of the following:
(i) Identify the conviction, finding of responsibility, or
driving record activity.
(ii) Identify the date of the conviction or finding of
responsibility or the starting and ending dates for the driving
record activity.
(iii) Identify the court or agency that imposed the conviction,
finding of responsibility, or driving record activity.
(iv) Contain other information determined appropriate by the
department.
(2) An instructor shall notify a sponsor for whom the
instructor is currently engaging in activity as an instructor of
the information in subsection (1).
(3) A notice required under this section shall be in a format
and method, including electronic submission, determined by the
department.
Sec. 13. (1) The department shall establish the standards for
a motorcycle safety course that will give a student the basic
knowledge and skill needed to fulfill the waiver requirements for
purposes of section 312b of the Michigan vehicle code, 1949 PA 300,
MCL 257.312b.
(2) The department may adopt the standards for a motorcycle
safety course that were established by the motorcycle safety
foundation or a nationally recognized motorcycle safety and
training organization.
(3) The department may approve alternative standards for a
motorcycle safety course if the alternative standards substantially
meet or exceed the department's established standards.
Sec. 14. (1) Except as otherwise provided in this section, a
sponsor may establish the course fee for a motorcycle safety course
provided by the sponsor.
(2) A student enrolled in a motorcycle safety course provided
by a sponsor that is an educational institution or a government
agency that has received money from the motorcycle safety fund
under section 17 may be required to pay a course fee of not more
than $30.00. The course fee may be adjusted every 5 years by the
department to reflect the cumulative percentage change in the
consumer price index during the most recent 5-year period for which
consumer price index statistics are available, rounded to the
nearest dollar. A fee adjusted by the department under this
subsection shall remain in effect for 5 years. As used in this
subsection, "consumer price index" means the most comprehensive
index of consumer prices available for this state from the bureau
of labor statistics of the United States department of labor. This
subsection takes effect for motorcycle courses provided by the
sponsor on or after January 1, 2010.
(3) A student enrolled in a motorcycle safety course provided
by a sponsor that is an educational institution or a governmental
agency that has exhausted all grant money it was awarded for the
calendar year may be required to pay a course of not more than
$30.00. A course fee under this subsection shall be reasonable and
established by the educational institution or the governmental
agency.
(4) A sponsor may require a registration fee from a
prospective student to guarantee that the student will be able to
participate in a future motorcycle safety course. The retention or
refund of a registration fee by a sponsor shall be in accordance
with the sponsor's refund policy, provided that a copy of the
policy was available for review at the time the student registered
for the course and paid a registration fee. A registration fee
retained by a sponsor under this subsection shall only be used by
the sponsor for an activity that is listed as a reasonable
expenditure under section 17(1).
Sec. 15. (1) A sponsor shall file a certificate of completion
report and an end-of-year report with the department. The reports
shall be in a format determined by the department. The reports
shall contain the following information:
(a) For a certificate of completion report:
(i) The name of the sponsor.
(ii) The name, date of birth, and driver license number, if
applicable, of each student.
(iii) The type of course completed at each location and the
course dates.
(iv) The motorcycle safety certificate number issued, if
applicable.
(v) Other information required by the department.
(b) For an end-of-year report:
(i) The number of students who participated in a course.
(ii) The number of students who passed or failed a course.
(iii) Other information required by the department.
(2) A sponsor shall maintain a record of instruction that was
furnished to each student. The record shall be in a format
determined or approved by the department and shall contain all of
the following:
(a) The name of the sponsor.
(b) The name, date of birth, and driver license number, if
applicable, of each student.
(c) A description of the course the student enrolled in with
the following information:
(i) The type of course completed: basic rider course,
experienced rider course, or other.
(ii) The dates and number of hours of classroom and range
instruction given to a student.
(iii) The course completion date and location.
(iv) A list of the instructors who taught the course.
(v) The student's achievement, by pass or fail.
(vi) A motorcycle safety certificate number issued, if
applicable.
(vii) The written and skills test evaluation score sheets.
(viii) The tuition charged for each type of instruction.
(ix) Other information required by the department.
Sec. 16. (1) The department shall determine the manner and
method for submitting a report, record, information, and other
documentation required in this act, including electronic
submission.
(2) A sponsor shall maintain a report, record, information,
and other documentation required under this act at the location
identified by the sponsor for 4 calendar years after a student has
concluded instruction.
(3) A sponsor shall make a report, record, information, and
other documentation required under this act available for
inspection upon demand by an employee or an authorized
representative of the department.
(4) If a sponsor fails to maintain or to make available for
inspection upon demand a report, record, information, or other
documentation required under this act, the department may withdraw
the sponsor's approval after notice and opportunity for hearing
under section 22. During the period the sponsor's approval is
withdrawn, the department shall not give or accept a certificate of
completion issued to a student of the sponsor or disburse any grant
funds to the sponsor.
(5) The department may reinstate the approval for a sponsor
whose approval was withdrawn under this section if the sponsor
submits or makes available for inspection the report, record,
information, or other documentation required under this act and the
person otherwise meets the requirements for approval as a sponsor.
Sec. 17. (1) A sponsor that is an educational institution or
governmental agency may submit an annual motorcycle safety fund
grant application to the department. If approved, the sponsor may
be reimbursed for a reasonable expenditure, including, but not
limited to, any of the following:
(a) The salary for each instructor.
(b) Instructional materials.
(c) Equipment.
(d) Insurance.
(e) Training workshop or seminar.
(f) Other reasonable costs.
(2) A reasonable expenditure under subsection (1) may include,
but is not limited to, the cost of an instructor to attend a
training workshop or seminar.
(3) An educational institution or governmental agency shall be
reimbursed at a rate based upon the availability of funds deposited
in the motorcycle safety fund established by sections 312c and 801
of the Michigan vehicle code, 1949 PA 300, MCL 257.312c and
257.801, and appropriated by the legislature.
(4) An educational institution or governmental agency that
received grant funds during the calendar year shall submit an end-
of-year report in a format determined by the department. The report
shall contain the following:
(a) Number of students who participated in a course.
(b) Number of students who passed or failed a course.
(c) Summary of expenditures.
(d) Summary of registration fees.
(e) Other information required by the department.
(5) An educational institution or governmental agency shall
not be eligible for reimbursement until all required evidence
pertaining to financial expenditures has been presented to the
department and approved by the department.
Sec. 18. (1) Except as otherwise provided in this act, the
secretary of state shall automatically deny a motorcycle safety
instructor application or withdraw approval for a motorcycle safety
instructor without notice and opportunity for a hearing if a
criminal history check indicates that the person has been convicted
of a violation or attempted violation, or the secretary of state
receives reliable notice under section 11 or 12 of a conviction for
a violation or attempted violation, of any of the following:
(a) Criminal sexual conduct, assault with intent to commit
criminal sexual conduct, or an attempt to commit criminal sexual
conduct, in any degree, under sections 520b to 520g of the Michigan
penal code, 1931 PA 328, MCL 750.520b to 750.520g.
(b) A felony conviction that involved a criminal assault or
battery on an individual.
(c) A crime involving felonious assault on a child, child
abuse in the first degree, cruelty, torture, or indecent exposure
involving a child.
(d) A felony conviction that involved the manufacture,
distribution, or dispensing of a controlled substance or possession
with intent to manufacture, distribute, or dispense a controlled
substance.
(e) A felony conviction that involved fraud as an element of
the crime.
(2) The department shall deny the approval for an instructor
or withdraw the approval for an instructor until the person's
criminal history complies with the requirements of subsection (1).
(3) When determining the applicability of the criminal history
criteria under this section, the department shall only consider a
conviction if the underlying violation occurred after the effective
date of this act for a person described in section 10(4).
Sec. 19. (1) A person seeking approval as an instructor or a
person who has been approved as an instructor shall not have a
record of any of the following:
(a) Within the prior 5 years, a conviction or finding of
responsibility for a violation or civil infraction for which 4 or
more points are assessed under section 320a of the Michigan vehicle
code, 1949 PA 300, MCL 257.320a.
(b) Within the prior 2 years, any of the following:
(i) Three or more driver license suspensions imposed by the
department for the failure to appear in court or a failure to
comply with a court judgment under section 321a of the Michigan
vehicle code, 1949 PA 300, MCL 257.321a.
(ii) A conviction or finding of responsibility for a violation
or civil infraction in connection with 2 or more motor vehicle
accidents.
(iii) An accumulation of 6 or more points under section 320a of
the Michigan vehicle code, 1949 PA 300, MCL 257.320a.
(iv) A conviction or finding of responsibility for a violation
or civil infraction under section 624a, 625(6), or 626b of the
Michigan vehicle code, 1949 PA 300, MCL 257.624a, 257.625, and
257.626b.
(2) The department shall deny the approval for an instructor
or withdraw the approval for an instructor until the person's
driving record complies with the requirements in subsection (1).
(3) When determining the applicability of the driving record
criteria under this section, the department shall only consider a
conviction, a finding of responsibility, or a driving activity on a
person's driving record if the underlying violation, civil
infraction, or driving activity occurred after the effective date
of this act for a person described in section 10(4).
(4) The department shall provide a person with notice and
opportunity for hearing under section 22 before denying an
application or withdrawing the approval of a person as an
instructor under this section.
Sec. 20. (1) If the department receives notice that an
instructor's driver license is denied, suspended, revoked, or
canceled by this state or another state, or if the department
receives notice that an instructor's certification with the
motorcycle safety foundation or a nationally recognized motorcycle
safety and training program has lapsed or the instructor has been
decertified, the department shall notify the sponsor that the
instructor's approval is automatically withdrawn.
(2) The department may reinstate instructor approval under
this section if the person's driver license or instructor
certification is reinstated and the person otherwise meets the
requirements for approval as an instructor.
Sec. 21. (1) A person unable to resolve a complaint with a
sponsor or an instructor may file a complaint with the department.
The complaint shall be made in a format determined by the
department. The complaint shall allege a violation or attempted
violation of this act and shall contain all of the following
information:
(a) The complainant's name, address, and telephone number.
(b) A complete statement describing the basis for the
complaint.
(c) A copy of any record, report, or document that is the
basis for the complaint, including a copy of a course certificate
of completion issued, or other documents.
(d) The complainant's signature and the date the complaint was
signed by the complainant.
(e) Other information or documentation required by the
department.
(2) The department may mediate a dispute between a sponsor or
an instructor and a student or the student's parent or legal
guardian when a dispute arises from a violation or attempted
violation of this act.
Sec. 22. (1) The department may make, on its own initiative or
in response to a complaint, a reasonable and necessary
investigation within or outside this state and gather evidence
against a person who violated, allegedly violated, or is about to
violate this act, a rule promulgated under this act, or an order
issued under this act, concerning whether a person, an applicant, a
sponsor, or an instructor is in compliance with this act or a rule
promulgated under this act.
(2) The department may develop conditions for the
administrative probation of a sponsor or an instructor. The
conditions shall be set forth in a written agreement and signed by
the sponsor or the instructor and the department. Conditions of
administrative probation may be established in lieu of any other
disciplinary action.
(3) Except as otherwise provided in this act, the department
may impose 1 or more of the sanctions in subsection (4) after
notice and opportunity for a hearing if the department determines
that a person, a sponsor, an instructor, or an applicant for either
sponsor or instructor approval did 1 or more of the following:
(a) Failed to meet or maintain a requirement under this act.
(b) Violated this act.
(c) Made an untrue or misleading statement of a material fact
to the department or concealed a material fact in connection with
an application for a sponsor or instructor.
(d) Committed fraud or engaged in a fraudulent method, act, or
practice in connection with a motorcycle endorsement on a driver
license or a motorcycle temporary driving permit application
submitted to the department, or induced or countenanced fraud or a
fraudulent method, act, or practice on the part of an applicant for
a motorcycle endorsement on a driver license or a motorcycle
temporary driving permit.
(e) Falsely represented to the department by issuing a
certificate of completion or submitting information that a student
had successfully completed a motorcycle safety course that would
allow the student to fulfill the waiver requirements under section
312b of the Michigan vehicle code, 1949 PA 300, MCL 257.312b, when
the student had not successfully completed a motorcycle safety
course.
(f) Falsified a report, record, or other documentation
required under this act.
(g) Allowed a person who was not approved by the department as
an instructor to engage in activity as an instructor for a
motorcycle safety course under this act.
(h) Failed to notify the department that a motorcycle safety
course approved under this act has been decertified or that the
motorcycle safety course's certification has lapsed with the
motorcycle safety foundation or another nationally recognized
motorcycle safety and training organization.
(i) Violated a condition of probation agreed to under
subsection (2) or failed to comply with the withdrawal of approval
as a sponsor under sections 6 and 17.
(j) Failed to maintain good moral character as defined and
determined under 1974 PA 381, MCL 338.41 to 338.47.
(4) If the department determines a person, a sponsor, an
instructor, or an applicant for approval as a sponsor or instructor
committed a violation listed in subsection (3), the department may
impose 1 or more of the following sanctions:
(a) Denial of an application for approval as a sponsor or an
instructor.
(b) Withdrawal of the approval as a sponsor or instructor for
a specified period or an indefinite period until the sponsor or
instructor complies with a remedial action determination or payment
of an administrative fine, or both.
(c) A requirement to take remedial action determined necessary
by the department, including, but not limited to, payment of
restitution to a student or to an injured person.
(5) The department shall not disburse grant funds for
motorcycle safety courses conducted during a period when the
sponsor's approval is withdrawn, nor shall the department accept a
certificate of completion from a student who attended a motorcycle
safety course during a period when the sponsor's or instructor's
approval was withdrawn.
Sec. 23. (1) The secretary of state may order a summary
suspension of a motorcycle safety sponsor or instructor approval in
compliance with the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328, upon an affidavit by a person familiar
with the facts set forth in the affidavit alleging a violation or
attempted violation of this act.
(2) The motorcycle safety sponsor or instructor to whom the
order is directed may apply to the secretary of state and shall be
granted a hearing within 30 days of application in compliance with
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328.
(3) At the hearing, the order of summary suspension shall be
set aside, continued, or modified by the secretary of state.
(4) If the order of summary suspension concerns the issuance
or authorization of a certificate of completion, the secretary of
state may discontinue accepting certificates of completion issued
or authorized by the sponsor for students receiving or completing
instruction after the effective date of the order.
Sec. 24. The department may promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
MCL 24.328, to administer this act.
Enacting section 1. The motorcycle safety education rules, R
388.351 to R 388.362 of the Michigan administrative code, are
rescinded.
Enacting section 2. This act takes effect January 1, 2010.
