Bill Text: MI SB0853 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Vehicles; driver training; fingerprint and criminal history record information requirements under driver education provider and instructor act; revise, and reduce hours of behind-the-wheel training required under certain circumstances. Amends secs. 29, 35 & 59 of 2006 PA 384 (MCL 256.649 et seq.).
Spectrum: Partisan Bill (Republican 22-0)
Status: (Passed) 2012-07-18 - Assigned Pa 0258'12 With Immediate Effect [SB0853 Detail]
Download: Michigan-2011-SB0853-Engrossed.html
SB-0853, As Passed Senate, January 19, 2012
SENATE BILL No. 853
November 29, 2011, Introduced by Senators EMMONS, HILDENBRAND, HUNE, KOWALL, MOOLENAAR, PROOS, ROBERTSON, ROCCA, JONES, COLBECK, CASPERSON, WALKER, NOFS, PAPPAGEORGE, RICHARDVILLE, KAHN, JANSEN, HANSEN, BRANDENBURG, GREEN, MARLEAU and SCHUITMAKER and referred to the Committee on Transportation.
A bill to amend 2006 PA 384, entitled
"Driver education provider and instructor act,"
by amending sections 29, 35, and 59 (MCL 256.649, 256.655, and
256.679).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 29. (1) A fingerprint-based criminal history check
required under this act shall be performed by the department of
state police and the federal bureau of investigation.
(2) A person required to have a criminal history record
information check shall submit his or her fingerprints and send a
request for a criminal history record information check to the
department
of state police in a format and as prescribed method
determined by the department of state police. The person shall send
the fees required by the department of state police and the federal
bureau
of investigation to conduct the criminal history check shall
accompany
a with his or her request for a criminal history record
information check.
(3) The department of state police shall conduct a criminal
history record information check within 45 days after receiving a
proper request and the required fee for a criminal history record
information check under this section. After conducting the criminal
history record information check and within that same 45 days, the
department of state police shall provide the secretary of state
with a report of the criminal history record information check. The
report shall contain any criminal history record information on the
person maintained by the department of state police.
(4) Except as otherwise provided in this act, the secretary of
state shall not approve an original or renewal driver education
provider or driver education instructor certificate before
receiving and reviewing the applicable criminal history record
information checks from the department of state police and the
federal bureau of investigation.
(5) The secretary of state shall use criminal history record
information
received under this section act
only for evaluating an
applicant's qualifications to receive a driver education provider
or driver education instructor certificate under this act. The
secretary of state shall discuss the report or its contents only
with staff of the department of state police or a person who was
involved in the prosecution of a criminal matter noted in a report
for
purposes of clarifying whether an offense meets 1 of the crimes
is a crime described in section 59. A person who uses criminal
history record information in violation of this subsection is
guilty of a misdemeanor punishable by a fine of not more than
$10,000.00.
(6) As used in this section, "criminal history record
information" means that term as defined in section 1a of 1925 PA
289, MCL 28.241a.
Sec. 35. (1) The secretary of state shall prescribe a model
curriculum for teen driver training under this act. After September
1, 2007, a driver education provider classified for teen driver
training shall use the secretary of state's prescribed model
curriculum or may use an alternative curriculum only after it has
been reviewed and approved by the secretary of state. The secretary
of state may approve an alternative curriculum if it substantially
meets or exceeds the standards of the secretary of state's
prescribed model curriculum.
(2) Under a segment 1 curriculum and segment 2 curriculum
combined, each student shall receive no less than 30 hours of
classroom
instruction and 7 6 hours of behind-the-wheel driver
education course experience.
Sec. 59. (1) Except as otherwise provided in this section, the
secretary of state shall automatically deny an original or renewal
application for a driver education provider or instructor
certificate and shall automatically immediately revoke a
certificate issued to a person as a driver education provider or
driver education instructor without the necessity for notice and an
opportunity for a hearing if a criminal history record information
check indicates that the applicant, instructor, provider, or the
designated representative or coordinator of the applicant or
provider has been convicted of a violation or attempted violation,
or the secretary of state receives reliable notice under this
section or section 57 of a conviction for a violation or attempted
violation, of any of the following:
(a) Criminal sexual conduct, assault with intent to commit
criminal sexual conduct, or an attempt to commit criminal sexual
conduct, in any degree under sections 520b to 520g of the Michigan
penal code, 1931 PA 328, MCL 750.520b to 750.520g.
(b) A felony involving a criminal assault or battery on an
individual.
(c) A crime involving felonious assault on a child, child
abuse in the first degree, cruelty, torture, or indecent exposure
involving a child.
(d) A felony involving the manufacture, distribution, or
dispensing of a controlled substance or possession with intent to
manufacture, distribute, or dispense a controlled substance.
(e) A felony conviction involving fraud as an element of the
crime.
(2) A denial or revocation imposed under this section shall
continue for not less than 10 years from the date of the
conviction.
(3)
The department of information technology shall work with
the
secretary of state and the department of state police to
develop
and implement an automated program that does an annual
comparison
of the conviction information received by the department
of
state police with a secretary of state list of persons holding a
driver
education provider or instructor certificate and the persons
designated
as a representative or coordinator of a provider. This
comparison
shall only include persons who are actually certified as
a
driver education provider or instructor or who are the designated
representative
or coordinator of an actually certified provider at
the
time of the comparison. Unless otherwise prohibited by law,
this
comparison shall include convictions contained in a nonpublic
record.
The department of state police shall take all reasonable
and
necessary measures using the available technology to ensure the
accuracy
of this comparison before transmitting the information
under
this subsection to the secretary of state. The secretary of
state
shall take all reasonable and necessary measures using the
available
technology to ensure the accuracy of this comparison
before
notifying a provider, a provider's designated representative
or
coordinator, or an instructor of a conviction that results in an
automatic
and immediate revocation of a provider or instructor
certificate
under this section.In
collaboration with the department
of state police, the department of technology, management, and
budget shall establish an automated fingerprint identification
system database that allows the department of state police to store
and maintain all fingerprints submitted under this act and that
provides for automatic notification at the time a subsequent
criminal arrest fingerprint card submitted into the system matches
a set of fingerprints previously submitted in accordance with this
act. Upon that notification, the department of state police shall
immediately notify the department and the department shall review
the information in accordance with the criminal history record
information criteria for an instructor under this act. Information
in the database established under this subsection is confidential,
is not subject to disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to
any person except for purposes of this act or for law enforcement
purposes.
(4) When the secretary of state receives reliable notice of a
conviction for a violation or attempted violation under this
section or section 57 by an applicant's or provider's designated
representative or coordinator, the secretary of state shall
automatically deny an original or renewal application for a driver
education provider certificate or automatically immediately revoke
a provider's certificate under this section if the applicant or
provider fails to immediately terminate the designated
representative's or coordinator's designation or employment as the
provider's designated representative or coordinator.
