HOUSE BILL No. 4008


     January 13, 1999, Introduced by Rep. Jelinek and referred to the Committee on Regulatory Reform.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 208b (MCL 257.208b), as amended by 1998

   PA 329.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 208b.  (1) The secretary of state may provide a commer-

 2    cial look-up service of records maintained under this act.  For

 3    each individual record looked up, the secretary of state shall

 4    charge a fee specified annually by the legislature, or if the

 5    legislature does not specify a fee, a market-based price estab-

 6    lished by the secretary of state.  The secretary of state shall

 7    process a commercial look-up request only if the request is in a

 8    form or format prescribed by the secretary of state.

 9         (2) A driver training school operator shall subscribe to the

10    commercial look-up service maintained by the secretary of state.


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 1         (3) A driver training school operator shall maintain on the

 2    premises of the driver training school the most current copy of

 3    all nonpersonal information related to his or her driving record

 4    and the driving record of each instructor employed by the driver

 5    training school operator for review by any prospective customer

 6    or the parent or guardian of a prospective customer.

 7         (4) A prospective customer or the parent or guardian of a

 8    prospective customer may review a copy of all nonpersonal infor-

 9    mation related to the driving record of the driver training

10    school operator or an instructor employed by the driver training

11    school operator.

12         (5) Beginning June 1, 1998, a driver training school opera-

13    tor that advertises the availability of its services to the gen-

14    eral public  through a written publication or through any elec-

15     tronic or computerized media shall include in that advertisement 

16    SHALL POST A SIGN AT EACH PLACE OF BUSINESS that nonpersonal

17    information related to the driving record of each individual

18    instructor is available for review by the general public at  the 

19    THAT business address.  of the owner.  A driver training school

20    operator that fails to include the information required by this

21    subsection in its advertising is subject to a fine of not more

22    than $500.00.

23         (6) Each limo carrier of passengers shall subscribe to the

24    commercial look-up service maintained by the secretary of state.

25         (7) A person who drives a limousine for hire for a limo car-

26    rier of passengers shall maintain a most current copy of all





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 1    nonpersonal information related to the person's driving record in

 2    the limousine available for review by any prospective passenger.

 3         (8) A prospective passenger may review a copy of all nonper-

 4    sonal information related to the driving record of the driver of

 5    a limousine from a limo carrier of passengers or from the driver

 6    of the limousine.

 7         (9) The secretary of state shall not provide an entire com-

 8    puterized central file or other file of records maintained under

 9    this act to a nongovernmental person or entity, unless the person

10    or entity pays the prescribed fee for each individual record con-

11    tained within the computerized file.

12         (10) A driver training school operator who fails to provide

13    the information required to be maintained by this section is

14    subject to a fine of not more than $500.00.  Each failure to pro-

15    vide information constitutes a separate offense.

16         (11) A limo carrier of passengers who fails to provide the

17    information required to be maintained by this section is subject

18    to a fine of not more than $500.00.  Each failure to provide

19    information constitutes a separate offense.

20         (12) The driver of a limousine who fails to provide the

21    information required by this section is subject to a fine of not

22    more than $500.00.  Each failure to provide information consti-

23    tutes a separate offense.

24         (13) As used in this section:

25         (a) "Driver training school operator" means a person

26    licensed to operate a driver training school under 1974 PA 369,

27    MCL 256.601 to 256.609.



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 1         (b) "Limo carrier of passengers" and "limousine" mean those

 2    terms as defined in section 3 of the limousine transportation

 3    act, 1990 PA 271, MCL 257.1903.


















































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