Bill Text: MI HB5142 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Traffic control; other; fee for commercial look-up service; provide for additional fee for web portal development, and allow private entities to provide a commercial look-up service. Amends sec. 208b of 1949 PA 300 (MCL 257.208b).
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Introduced - Dead) 2014-12-02 - Recommendation Concurred In [HB5142 Detail]
Download: Michigan-2013-HB5142-Introduced.html
HOUSE BILL No. 5142
November 12, 2013, Introduced by Reps. McCready, Kesto, Foster, Kowall, Haines, Schmidt, Pscholka, Crawford, Howrylak and Lane and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 208b (MCL 257.208b), as amended by 2011 PA 159.
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. In addition to the 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 under this subsection, the department may, upon
a request from the department of technology, management, and
budget, collect an additional web portal development fee to be used
for state of Michigan web portal development. Fees collected under
this
subsection on and after October 1, 2005 through October 1,
2015
shall be credited to the
transportation administration
collection fund created in section 810b.
(2) The secretary of state may designate a private entity to
provide a commercial look-up service and collect fees authorized by
the legislature and secretary of state under this section. Fees
collected under this subsection shall be credited to the
transportation administration collection fund created in section
810b, except that a web portal development fee collected by a
private entity under this subsection shall be used by that private
entity for state of Michigan web portal development and shall not
be remitted to the transportation administration collection fund. A
private entity designated under this subsection shall be chosen
through competitive bidding unless the department affirmatively
finds that, under the circumstances relating to a commercial look-
up service, some other method is in the public interest. The
department shall report its findings under this subsection to the
department of technology, management, and budget and the
appropriations subcommittees of the senate and house of
representatives no later than 90 days before work is commenced.
(3) (2)
A driver education provider shall
subscribe to the
commercial
look-up service maintained by the secretary of
state.described in subsection (1).
(4) (3)
A driver education provider shall
maintain on its
premises 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 education provider for review by
any prospective customer or the parent or guardian of a prospective
customer.
(5) (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 education
provider or an instructor employed by the driver education
provider.
(6) (5)
A driver education provider shall
include in its
contract with each client, as prescribed by the secretary of state,
a notice that nonpersonal information related to the driving record
of each individual instructor is available for review by the
general public. A driver education provider who fails to include
the information required by this subsection is subject to a fine of
not more than $500.00.
(7) (6)
Each limo carrier of passengers
shall subscribe to the
commercial
look-up service maintained by the secretary of
state.described in subsection (1).
(8) (7)
A person who drives a limousine for
hire for a limo
carrier of passengers shall maintain a most current copy of all
nonpersonal information related to the person's driving record in
the limousine available for review by any prospective passenger.
(9) (8)
A prospective passenger may review
a copy of all
nonpersonal information related to the driving record of the driver
of a limousine from a limo carrier of passengers or from the driver
of the limousine.
(10) (9)
The secretary of state or a private entity acting on
behalf of the secretary of state under this section 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.
(11) (10)
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.
(12) (11)
A limo carrier of passengers 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.
(13) (12)
The driver of a limousine who fails
to provide the
information required by this section is subject to a fine of not
more than $500.00. Each failure to provide information constitutes
a separate offense.
(14) (13)
As used in this section:
(a) "Driver education provider" means that term as defined in
section 5 of the driver education provider and instructor act, 2006
PA 384, MCL 256.625.
(b) "Limo carrier of passengers" and "limousine" mean those
terms as defined in section 3 of the limousine transportation act,
1990 PA 271, MCL 257.1903.
