HOUSE BILL No. 5705 May 2, 2000, Introduced by Rep. Allen and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 811, 811a, and 811b (MCL 257.811, 257.811a, and 257.811b), section 811 as amended by 1996 PA 387, section 811a as amended by 1992 PA 59, and section 811b as added by 1987 PA 85. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 811. (1) An application for an operator's or 2 chauffeur's license as provided in sections 307 and 312 and an 3 application for a minor's restricted license as provided in sec- 4 tion 312 shall be accompanied by the following fees: 5 Operator's license..................................... $ 12.00 6 Chauffeur's license.................................... 20.00 7 Minor's restricted license............................. 5.00 05020'99 TJS 2 1 (2) The secretary of state shall deposit the money received 2 and collected under subsection (1) in the state treasury to the 3 credit of the general fund. The secretary of state shall refund 4 out of the fees collected to each county or municipality acting 5 as an examining officer or examining bureau $2.50 for each appli- 6 cant examined for an original license, $1.00 for each applicant 7 examined for an original chauffeur's license, and $1.00 for every 8 other applicant examined, if the application is not denied and 9 the money refunded is paid to the county or local treasurer and 10 is appropriated to the county, municipality, or officer or bureau 11 receiving the money for the purpose of carrying out this act. 12 The state treasurer shall deposit the sum of $4.00 in a driver 13 education fund for each person examined for an original license, 14 a renewal operator's license, an original chauffeur's license, or 15 a renewal chauffeur's license, except that the sum deposited for 16 each 2-year operator's or 2-year chauffeur's license shall be 17 $2.00. Thedepartment of educationSECRETARY OF STATE shall 18 use the money in the driver education fund for administration of 19 a driver education program and for distribution to local school 20 districts to be used for driver education programs. Any unex- 21 pended and unencumbered balance remaining in the driver education 22 fund at the end of the fiscal year in excess of $150,000.00 shall 23 revert to the general fund. 24 (3) From the money credited to the driver education fund, 25 the legislature shall appropriate annually funds to the 26department of educationSECRETARY OF STATE for state 27 administration of the program. In addition, thedepartment of05020'99 3 1educationSECRETARY OF STATE shall distribute to local public 2 school districts from the driver education fund a pro rata amount 3 equal to the number of students that completed an approved driver 4 education course through the local public school districts 5 whether directly from the student's own local school district or 6 by certificate issued from the student's own local school dis- 7 trict in the previous fiscal year, or the actual cost per stu- 8 dent, whichever is less. Beginning April 1, 1998, a local school 9 district that offers an approved driver education course shall 10 provide an amount equal to the pro rata amount from the driver 11 education fund for each student residing in the district that 12 completes an approved driver education course within that 13 district. The local school district shall provide each student 14 participating in an approved driver education course with a cer- 15 tificate in a form provided by the local school district and 16 approved by thedepartment of educationSECRETARY OF STATE that 17 the student shall use toward the payment of any fee charged for 18 the approved driver education course under the following 19 conditions: 20 (a) If the student participates in an approved driver educa- 21 tion course at a local school district of his or her choice other 22 than his or her local school district. 23 (b) If the student participates in a driver education course 24 at a licensed driver training school, but only if the following 25 conditions exist: 26 (i) The student's local school district does not offer an 27 approved driver education course either itself or through a 05020'99 4 1 consortium of local school districts of which the student's local 2 school district is a member. 3 (ii) The student's local school district does not offer an 4 approved driver education course with openings available either 5 itself or through a consortium of local school districts of which 6 the student's local school district is a member at the time the 7 student attains 15 years, 6 months of age. 8 From the amount distributed, the local school district shall 9 reimburse each licensed driver training school or other local 10 school district the determined pro rata amount from the driver 11 education fund for each student from that district completing an 12 approved driver education course with the licensed driver train- 13 ing school or other local school district during the fiscal 14 year. 15 (4) Until April 1, 1998, the driver education courses shall 16 be conducted by the local public school district or may be con- 17 ducted for the local school district by the intermediate district 18 at the request of the local district. Beginning April 1, 1998, 19 the approved driver education courses may be conducted by the 20 local public school district or a consortium of school districts, 21 by a licensed driver training school either itself or through a 22 contract with a local school district, or by the intermediate 23 district at the request of the local district. If a local school 24 district contracts with a licensed driver training school to con- 25 duct an approved driver education course, the contract shall 26 require that the driver education course be conducted in 27 accordance with the requirements set forth indepartment of05020'99 5 1educationTHE rules PROMULGATED under subsection (6) that are 2 applicable to an approved driver education course conducted by a 3 local school district. Enrollment in approved driver education 4 courses shall be open to children enrolled in the high school 5 grades of public, parochial, and private schools as well as resi- 6 dent out-of-school youth. Reimbursement to local school dis- 7 tricts shall be made on the basis of an application made by the 8 local school district superintendent to thedepartment of9educationSECRETARY OF STATE. If money appropriated from the 10 driver education fund is not sufficient to provide for state 11 administration of the driver education program and to reimburse 12 local school districts for each student completing an approved 13 driver education course, then payments made to local school dis- 14 tricts shall be prorated to the amount that is appropriated and 15 available in the fund. A local school district or licensed 16 driver training school may use videotapes, computers, tele- 17 courses, or other similar technology as part of the classroom 18 instruction portion of its driver education courses. A student 19 may receive and use any of these materials at home. 20 (5) As used in this section, "driver education courses" 21 include classroom instruction, behind-the-wheel instruction, and 22 observation in an automobile under the supervision of a qualified 23 teacher or licensed instructor. Thedepartment of education24 SECRETARY OF STATE shall not require that licensed driver train- 25 ing school teachers or instructors be certificated underAct26No. 451 of the Public Acts of 1976, being sections 380.1 to05020'99 6 1380.1852 of the Michigan Compiled LawsTHE REVISED SCHOOL CODE, 2 1976 PA 451, MCL 380.1 TO 380.1852. 3 (6) Thedepartment of educationSECRETARY OF STATE may 4 promulgate rules pursuant to the administrative procedures act of 5 1969,Act No. 306 of the Public Acts of 1969, being sections624.201 to 24.328 of the Michigan Compiled Laws1969 PA 306, MCL 7 24.201 TO 24.328, to implement this section. The rules shall 8 include, at a minimum, instructional standards, teacher qualifi- 9 cations, and reimbursement procedures. 10 (7) Notwithstanding sections301, 303,306,and 308, an 11 operator's license shall not be issued to a person under 18 years 12 of age unless that person successfully passes a driver education 13 course and examination given by a public school, nonpublic 14 school, or an equivalent course approved by the department of 15 education given by a licensed driver training school. A person 16 who has been a holder of a motor vehicle operator's license 17 issued by any other state, territory, or possession of the United 18 States, or any other sovereignty for 1 year immediately before 19 application for an operator's license under this act is not 20 required to comply with this subsection. Restricted licenses may 21 be issued pursuant to section 312 without compliance with this 22 subsection.Subject to eligibility requirements established23under section 1302 of Act No. 451 of the Public Acts of 1976, a24 A driver education course shall be made available for a person 25 under 18 years of age within a time that will enable that person 26 to qualify for a license before the time that the person is 27 permitted by law to have a license. 05020'99 7 1 (8) Until April 1, 1998, a public school system shall not 2 impose a charge or enrollment fee for a driver education course 3 upon a student desiring to take the course as a duly enrolled 4 student for the course in a school of the public school system. 5 Beginning April 1, 1998, a public school system may impose a 6 charge or enrollment fee for a driver education course upon a 7 student desiring to take the course as a duly enrolled student 8 for the course in a school of the public school system. 9(9) Not later than December 30, 1996, the secretary of10state shall prepare and submit to the legislature a report com-11paring aggregate driver record information for drivers trained in12driver education programs for which eligibility requirements have13been established under section 1302 of Act No. 451 of the Public14Acts of 1976 to aggregate driver record information for drivers15trained in driver education programs for which such eligibility16requirements have not been established.17 Sec. 811a. (1) A motorcycle safety course required under 18 section 312b conducted by a college or university, an intermedi- 19 ate school district, a local school district, a law enforcement 20 agency, or any other governmental agency located in this state 21 shall be conducted under this section. 22 (2) Except for motorcycle safety courses conducted under 23 section 811b, an applicant for a motorcycle safety course shall 24 pay not more than a $25.00 course fee. The course fees shall be 25 used only for funding the administration and implementation of 26 the motorcycle safety education program. 05020'99 8 1 (3) Thestate board of educationSECRETARY OF STATE is 2 responsible for the establishment and administration of 3 motorcycle safety courses andshallMAY promulgate rules pursu- 4 ant to the administrative procedures act of 1969,Act No. 306 of5the Public Acts of 1969, as amended, being sections 24.201 to624.328 of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 7 24.328, regarding teacher qualifications, reimbursement proce- 8 dures, the establishment of the courses, and other requirements 9 under this section. 10 (4) Thesuperintendent of public instructionSECRETARY OF 11 STATE shall designate a person to be the state coordinator of the 12 motorcycle safety education program. The person designated under 13 this subsection shall successfully complete a motorcycle safety 14 chief instructor course before being designated. 15 (5) The position of state coordinator of the motorcycle 16 safety education program shall be funded by the motorcycle safety 17 fund. 18 (6) Thesuperintendent of public instructionSECRETARY OF 19 STATE shall designate a person who has successfully completed a 20 motorcycle safety chief instructor course to perform annual 21 inspections of motorcycle course sites. 22 (7) An 8-hour motorcycle safety course that meets the stan- 23 dards established by thestate board of educationSECRETARY OF 24 STATE may be offered to an applicant who has passed a motorcycle 25 operator skill test that has been approved by thestate board of26educationSECRETARY OF STATE. Successful completion of a 05020'99 9 1 motorcycle safety course under this subsection shall fulfill the 2 waiver requirement of section 312b. 3 (8) An audit of the motorcycle safety fund shall be con- 4 ductedin conjunction with the audit of school management5servicesby the office of the auditor general to determine com- 6 pliance with the requirements of this act with regard to the col- 7 lection and expenditure of fees authorized under this section. A 8 copy of this audit shall be transmitted to the legislature upon 9 completion. 10 Sec. 811b. (1) A motorcycle safety course required in sec- 11 tion 312b may be conducted by a private business enterprise. 12 (2) Thestate board of education shallSECRETARY OF STATE 13 MAY promulgate rules pursuant to the administrative procedures 14 act of 1969,Act No. 306 of the Public Acts of 1969, being sec-15tions 24.201 to 24.328 of the Michigan Compiled Laws1969 PA 16 306, MCL 24.201 TO 24.328, to provide standards for the estab- 17 lishment and regulation of motorcycle safety courses conducted 18 under this section. 19 (3) An 8-hour motorcycle safety course that meets the stan- 20 dards established by thestate board of educationSECRETARY OF 21 STATE may be offered to an applicant who has passed a motorcycle 22 operator skill test which has been approved by thestate board23of educationSECRETARY OF STATE. Successful completion of a 24 motorcycle safety course under this subsection shall fulfill the 25 waiver requirement of section 312b. 05020'99 Final page. TJS