Act No. 12

Public Acts of 1998

Approved by the Governor

March 3, 1998

Filed with the Secretary of State

March 4, 1998

EFFECTIVE DATE: June 1, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Senators Byrum, Cherry, O'Brien, McManus, DeBeaussaert, Hart, Stille, Young, Conroy, A. Smith, Dingell, Peters, Koivisto, Berryman, Vaughn and North

ENROLLED SENATE BILL No. 792

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 owners and operators of vehicles and service of process on residents and nonresidents; 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 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," by amending section 208b (MCL 257.208b), as added by 1997 PA 100.

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.

(2) A driver training school operator shall subscribe to the commercial look-up service maintained by the secretary of state.

(3) A driver training school operator shall maintain on the premises of the driver training school 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 training school operator for review by any prospective customer or the parent or guardian of a prospective customer.

(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 training school operator or an instructor employed by the driver training school operator.

(5) Beginning on the effective date of the amendatory act that added this subsection, a driver training school operator that advertises the availability of its services to the general public shall include in that advertisement that nonpersonal information related to the driving record of each individual instructor is available for review by the general public at the business address of the owner. A driver training school operator that fails to include the information required by this subsection in its advertising is subject to a fine of not more than $500.00.

(6) The secretary of state 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.

(7) 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.

(8) As used in this section, "driver training school operator" means a person licensed to operate a driver training school under 1974 PA 369, MCL 256.601 to 256.609.

Enacting section 1. This amendatory act takes effect June 1, 1998.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.