HOUSE BILL No. 5159 October 9, 2001, Introduced by Reps. Woodward, Dennis, Minore, Jacobs, Bovin, Gieleghem, Waters, Kilpatrick, Bogardus and Lemmons and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811 (MCL 257.811), as amended by 2000 PA 456. 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 04856'01 TJS 2 1 Minor's restricted license............................. 5.00 2 (2) The secretary of state shall deposit the money received 3 and collected under subsection (1) in the state treasury to the 4 credit of the general fund. The secretary of state shall refund 5 out of the fees collected to each county or municipality acting 6 as an examining officer or examining bureau $2.50 for each appli- 7 cant examined for an original license, $1.00 for each applicant 8 examined for an original chauffeur's license, and $1.00 for every 9 other applicant examined, if the application is not denied and 10 the money refunded is paid to the county or local treasurer and 11 is appropriated to the county, municipality, or officer or bureau 12 receiving the money for the purpose of carrying out this act. 13 The state treasurer shall deposit the sum of $4.00 in a driver 14 education fund for each person examined for an original license, 15 a renewal operator's license, an original chauffeur's license, or 16 a renewal chauffeur's license, except that the sum deposited for 17 each 2-year operator's or 2-year chauffeur's license shall be 18 $2.00. The department of education shall use the money in the 19 driver education fund for administration of a driver education 20 program and for distribution to local school districts to be used 21 for driver education programs. Any unexpended and unencumbered 22 balance remaining in the driver education fund at the end of the 23 fiscal year in excess of $150,000.00 shall revert to the general 24 fund. 25 (3) From the money credited to the driver education fund, 26 the legislature shall appropriate annually funds to the 27 department of education for state administration of the program. 04856'01 3 1 In addition, the department of education shall distribute to 2 local public school districts from the driver education fund a 3 pro rata amount equal to the number of students who have com- 4 pleted segment 1 of an approved driver education course through 5 the local public school districts whether directly from the 6 student's own local school district or by certificate issued from 7 the student's own local school district in the previous fiscal 8 year, or the actual cost per student, whichever is less. 9Beginning April 1, 1998, a local school district that offers an10approved driver education course shall provide an amount equal to11the pro rata amount from the driver education fund for each stu-12dent residing in the district who completes segment 1 of an13approved driver education course within that district.The local 14 school district shall provide each student participating in an 15 approved driver education course with a certificate in a form 16 provided by the local school district and approved by the depart- 17 ment of education that REPRESENTS THE PRO RATA AMOUNT DISTRIBUTED 18 BY THE DEPARTMENT OF EDUCATION FROM THE DRIVER EDUCATION FUND 19 THAT the student shall use toward the payment of any fee charged 20 for the approved driver education course under the following 21 conditions: 22 (a) If the student participates in an approved driver educa- 23 tion course at a local school district of his or her choice other 24 than his or her local school district. 25 (b) If the student participates in a driver education course 26 at a licensed driver training school, but only if the following 27 conditions exist: 04856'01 4 1 (i) The student's local school district does not offer an 2 approved driver education course either itself or through a con- 3 sortium of local school districts of which the student's local 4 school district is a member. 5 (ii) The student's local school district does not offer an 6 approved driver education course with openings available either 7 itself or through a consortium of local school districts of which 8 the student's local school district is a member at the time the 9 student attains 15 years, 6 months of age. 10 From the amount distributed, the local school district shall 11 reimburse each licensed driver training school or other local 12 school district or the parent of the student the determined pro 13 rata amount from the driver education fund for each student from 14 that district completing segment 1 of an approved driver educa- 15 tion course with the licensed driver training school or other 16 local school district during the fiscal year. 17 (4) Beginning April 1, 1998, the approved driver education 18 courses may be conducted by the local public school district or a 19 consortium of school districts, by a licensed driver training 20 school either itself or through a contract with a local school 21 district, or by the intermediate district at the request of the 22 local district. If a local school district contracts with a 23 licensed driver training school to conduct an approved driver 24 education course, the contract shall require that the driver edu- 25 cation course be conducted in accordance with the requirements 26 set forth in department of education rules under subsection (6) 27 that are applicable to an approved driver education course 04856'01 5 1 conducted by a local school district. Enrollment in approved 2 driver education courses shall be open to residents not less than 3 14 years 8 months of age enrolled in public, nonpublic, and home 4 schools as well as resident out-of-school youth not less than 14 5 years 8 months of age. Reimbursement to local school districts 6 shall be made on the basis of an application made by the local 7 school district superintendent to the department of education. 8 If money appropriated from the driver education fund is not suf- 9 ficient to provide for state administration of the driver educa- 10 tion program and to reimburse local school districts for each 11 student completing segment 1 of an approved driver education 12 course, then payments made to local school districts shall be 13 prorated to the amount that is appropriated and available in the 14 fund. A local school district or licensed driver training school 15 may use videotapes, computers, telecourses, or other similar 16 technology as part of the classroom instruction portion of its 17 driver education courses. A student may receive and use any of 18 these materials at home. 19 (5) As used in this section, "driver education courses" 20 include classroom instruction, behind-the-wheel instruction, and 21 observation in an automobile under the supervision of a qualified 22 teacher or licensed instructor. The department of education 23 shall not require that licensed driver training school teachers 24 or instructors be certificated under the revised school code, 25 1976 PA 451, MCL 380.1 to 380.1852. 26 (6) The department of education may promulgate rules 27 pursuant to the administrative procedures act of 1969, 1969 PA 04856'01 6 1 306, MCL 24.201 to 24.328, to implement this section. The rules 2 shall include, at a minimum, instructional standards, teacher 3 qualifications, and reimbursement procedures. 4 (7) Notwithstanding sections 306 and 308, an operator's 5 license shall not be issued to a person under 18 years of age 6 unless that person successfully passes a driver education course 7 and examination given by a public school, nonpublic school, or an 8 equivalent course approved by the department of education given 9 by a licensed driver training school. A person who has been a 10 holder of a motor vehicle operator's license issued by any other 11 state, territory, or possession of the United States, or any 12 other sovereignty for 1 year immediately before application for 13 an operator's license under this act is not required to comply 14 with this subsection. Restricted licenses may be issued pursuant 15 to section 312 without compliance with this subsection. A driver 16 education course shall be made available for a person under 18 17 years of age within a time that will enable that person to qual- 18 ify for a license before the time that the person is permitted by 19 law to have a license. 20 (8) Beginning April 1, 1998, a public school system may 21 impose a charge or enrollment fee for a driver education course 22 upon a student desiring to take the course as a duly enrolled 23 student for the course in a school of the public school system. 24 If a charge or enrollment fee is imposed, it shall be the same 25 for all students who reside within the territory of the public 26 school system. 04856'01 Final page. TJS