Bill Text: MI SB1096 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control: driver license; extension of renewal date for certain driver licenses during a declared emergency; provide for. Amends secs. 306 & 321c of 1949 PA 300 (MCL 257.306 & 257.321c).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-09-10 - Referred To Committee On Transportation And Infrastructure [SB1096 Detail]
Download: Michigan-2019-SB1096-Introduced.html
SENATE BILL NO. 1096
September 10, 2020, Introduced by Senator
SCHMIDT and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 306 and 321c (MCL 257.306 and 257.321c), as amended by 2020 PA 127.
the people of the state of michigan enact:
Sec. 306. (1) The secretary of state, upon on receiving an application for a
temporary instruction permit from a person an individual who is 18 years of age or older, may
issue that permit entitling that entitles the applicant, while
carrying the permit, to drive a motor vehicle other than a motor vehicle
requiring an indorsement under section 312a or a vehicle group designation
under section 312e on the highways for a period of 180 days when accompanied by
a licensed adult operator or chauffeur who is actually occupying a seat beside
the driver. A temporary instruction permit issued under this subsection that
expires on or after March 1, 2020 is valid until September 30, 2020.
(2) The secretary of
state may issue an original operator's license and designate level 1, 2, or 3
graduated licensing provisions to a person an individual who is less than 18 years of age, has
been licensed in another state or country, and has satisfied the applicable
requirements of section 310e. An original operator's license with a designated
level 1, 2, or 3 graduated licensing provision issued under this subsection
that expires on or before after March 1, 2020 is valid until
September 30, 2020.
(3) A student enrolled in
a driver education course as that term is defined
in section 3 of the driver education provider and instructor act, 2006 PA 384,
MCL 256.623, or a motorcycle safety course approved by the department of state
may operate a motor vehicle that does not require a group designation under
section 312e without holding an operator's license or permit while under the
direct supervision of the program instructor.
(4) A student enrolled in
a driver education course as that term is defined
in section 3 of the driver education provider and instructor act, 2006 PA 384,
MCL 256.623, and who has successfully completed 10 hours of classroom
instruction and the equivalent of 2 hours of behind-the-wheel training may be
issued a temporary driver education certificate furnished by the department of
state that authorizes a student to drive a motor vehicle, other than a motor
vehicle requiring that requires an indorsement under
section 312a or a vehicle group designation under section 312e, when
accompanied by a licensed parent or guardian, or when accompanied by a
nonlicensed parent or guardian and a licensed adult for the purpose of
receiving additional instruction until the end of the student's driver
education course. A temporary driver education certificate issued under this
subsection that expires on or after March 1, 2020 is valid until September 30,
2020.
(5) Beginning January 1,
2015, the secretary of state, upon on receiving proper application from a person an individual 16 or 17 years of age who
is enrolled in or has successfully completed an approved motorcycle safety
course under section 811a, or a person an individual who is 18 years of age or
older and who holds a valid operator's or chauffeur's license, may issue a
motorcycle temporary instruction permit entitling that entitles the applicant, while carrying the
permit, to operate a motorcycle upon on the
public streets and highways for a period of 180 days under the following
conditions:
(a) The applicant shall
operate the motorcycle under the constant visual supervision of a licensed
motorcycle operator who is at least 18 years of age.
(b) The applicant shall
not operate the motorcycle at night.
(c) The applicant shall
not operate the motorcycle with a passenger.
(d) The applicant shall
not be eligible for more than 2 motorcycle temporary instruction permits in a
10-year period.
(6) A motorcycle
temporary instruction permit issued under subsection (5) that expires on or
after March 1, 2020 is valid until September 30, 2020.
Sec. 321c. (1) If a friend of the court notifies the
secretary of state that a licensee has failed to appear for a hearing, comply
with a repayment plan order, or respond to a license suspension notice under
the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to
552.650, the secretary of state shall immediately suspend the operator's or
chauffeur's license of the licensee and shall notify the licensee of the suspension
by first-class mail.
(2) If a person's an individual's license is suspended
under subsection (1), the secretary of state shall not issue a license to the person individual if the person's individual's license is already
suspended, revoked, or denied or if the person individual does
not have a license to suspend until the person is in compliance individual complies with subsection (3) and other
provisions of this act.
(3) A suspension imposed
under subsection (1) or (2) remains in effect until all of the following occur:
(a) The person individual obtains a certificate from the
friend of the court showing that the person individual is
complying with the custody, parenting time, or support order, and provides that
certificate to the secretary of state. Beginning on October 1, 2020, the certificate obtained from the
friend of the court under this subdivision must be provided to the secretary of
state within 10 days after the date of issuance noted on the certificate.
(b) The person individual pays to the circuit court
clerk a $45.00 driver license clearance fee.
(c) The person individual pays the reinstatement fee
imposed under section 320e.
(4) Unless a person's an individual's license is otherwise
suspended, revoked, denied, or canceled, the license is immediately reinstated
on satisfaction of the requirements of subsection (3). The secretary of state
shall reissue the operator's or chauffeur's license of a person an individual whose suspension is
rescinded under subsection (3) within 30 days after receipt of the certificate
obtained under subsection (3)(a), evidence of the payment of the fee under
subsection (3)(b), and the fee imposed under section 320e.
(5)
Beginning on October 1, 2020, if an individual provides a copy of a certificate
obtained under subsection (3) to the secretary of state more than 10 days after
the date of issuance noted on the certificate, the certificate is no longer
valid, and the secretary of state shall not reinstate the individual's license.
An individual who fails to provide a copy of the certificate to the secretary
of state within 10 days after the date of issuance shall obtain another
certificate from the friend of the court and satisfy the requirements of
subsection (3) before the secretary of state reinstates that individual's license.
(6)
(5) For each fee received under subsection (3)(b), the
clerk shall transmit the following amounts on a monthly basis:
(a) Fifteen dollars to
the secretary of state. The secretary of state shall deposit money received
under this subdivision in the general fund. The money must be expended to
defray the expenses of the secretary of state in processing the suspension and
reinstatement of driver licenses under this section.
(b) Thirty dollars to the
treasurer of the county. The treasurer shall deposit money received under this
subdivision in the county friend of the court fund created in section 2530 of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2530.
