OUT-OF-STATE COMMERCIAL DRIVER TESTING                      H.B. 5656 (H-1) & 5657 (H-1):

                                                                                   SUMMARY OF SUBSTITUTE BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

House Bill 5656 (Substitute H-1 as passed by the House)

House Bill 5657 (Substitute H-1 as passed by the House)

Sponsor:  Representative Marilyn Lane (H.B. 5656)

               Representative Peter Pettalia (H.B. 5657)

House Committee:  Transportation and Infrastructure

Senate Committee:  Transportation

 

Date Completed:  10-19-16

 


CONTENT

 

House Bill 5656 (H-1) would amend the Michigan Vehicle Code to do the following:

 

 --    Require the Department of State to establish a pilot program that provided for the skills testing of an individual who possessed a valid commercial learner's permit issued by a state other than Michigan.

 --    Provide that an individual who held a valid commercial learner's permit issued by another state would not be eligible for skills testing unless certain conditions were satisfied.

 --    Require the pilot program to continue until the Department adopted curriculum requirements for a person providing instruction to individuals seeking a vehicle group designation or indorsement.

 

House Bill 5657 (H-1) would amend the Driver Education Provider and Instructor Act to require a driver education provider to verify that a prospective student had either a valid temporary instruction permit issued by the Secretary of State or a valid commercial learner's permit issued by a state other than Michigan, before providing behind-the-wheel instruction to the student.

 

Each bill would take effect 90 days after it was enacted.

 

House Bill 5657 (H-1) is tie-barred to House Bill 5656.

 

House Bill 5656 (H-1)

 

The bill would require the Department of State to establish a pilot program that, as determined by the Department, provided for the skills testing of an individual who held a valid commercial learner's permit issued by a state other than Michigan.

 

An individual who held a valid commercial learner's permit issued by another state would not be eligible for skills testing in Michigan unless both of the following were satisfied:

 

 --    The individual had successfully completed a truck driver training curriculum that had been approved by the Department and provided by a person approved to provide truck driver training under the Driver Education Provider and Instructor Act.


 --    The state that issued the commercial learner's permit was a participant in an electronic national commercial driver examination reporting system in which Michigan was also a participant on the bill's effective date.

 

The pilot program would have to continue until the Department adopted curriculum requirements for a person providing instruction to individuals seeking a vehicle group designation or indorsement described in Section 312e of the Michigan Vehicle Code.

 

(Section 312e provides for the operation of a commercial motor vehicle, vehicle group designations, and testing requirements, among other things. Vehicle group designations are based upon varying criteria.)

 

House Bill 5657 (H-1)

 

The Driver Education Provider and Instructor Act provides for the certification of driver education providers and instructors and prescribes certain record-keeping and program requirements for driver education providers, among other things.

 

Before a driver education provider provides behind-the-wheel driver education course instruction to an adult or truck driver training student, the provider must verify that the student has a valid temporary instruction permit issued by the Secretary of State under Section 306 of the Michigan Vehicle Code. The Secretary of State may prescribe the method and manner that a driver education provider uses to verify a student's temporary instruction permit.

 

The bill would require a driver education provider verify either that a prospective student had a valid temporary instruction permit issued by the Secretary of State or that the student had a valid commercial learner's permit issues by another state.

 

(Section 306 provides for the issuance of a temporary instruction permit for an applicant, and prescribes the conditions under which the Secretary of State may issue the permit, among other things.)

 

Proposed MCL 257.312j (H.B. 5656)                            Legislative Analyst:  Drew Krogulecki

MCL 256.675 (H.B. 5657)

 

FISCAL IMPACT

 

House Bill 5656 (H-1)

 

The bill would have a minimal fiscal impact on the Department of State for costs associated with developing and implementing the required pilot program for the vehicle group designation testing of individuals holding a valid commercial driver license permit issued by a state other than Michigan.  The costs would be minimal and could be absorbed within the Department's current annual appropriations; thus, no additional appropriations would be necessary.

 

The bill would have no fiscal impact on local government.

 

House Bill 5657 (H-1)

 

The bill would have no fiscal impact on State or local government.

 

                                                                                       Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.