SB-0987, As Passed Senate, May 25, 2004                                     

    HOUSE SUBSTITUTE FOR

    SENATE BILL NO. 987

                                                                             A bill to amend 1974 PA 369, entitled                                             

"An act to regulate the business of conducting a driver training            

school; to require certain licenses in relation thereto; to                 

provide for performance objectives for certain driver education             

courses; to prescribe certain fees; to prescribe the powers and             

duties of certain persons and state departments; to prescribe               

remedies and penalties; and to repeal acts and parts of acts,"              

by amending section 5 (MCL 256.605), as amended by 2004 PA 70.              

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 5.  (1) A driver training school licensee shall not                    

2   employ a person as an instructor unless the person is licensed as           

3   an instructor.                                                              

4       (2) A driver training school licensee shall annually file an                

5   application with the department for licensing of its employees as           

6   instructors.  For each employee for which licensure as an                   

7   instructor is sought, the application shall include all of the              

8   following:                                                                  

9       (a) The name and address of the employee.                                   

1       (b) The driver's license number of the employee.  An                        

2   application for a nonresident employee shall also include a                 

3   certified copy of his or her driving record from his or her state           

4   of residence.                                                               

5       (c) A dated medical examination report that is not more than                

6   2 years old and is completed by a physician, a physician's                  

7   assistant, or a certified nurse practitioner licensed to practice           

8   in this state.  An application for a nonresident employee                   

9   fulfills the requirement of this subdivision if the application             

10  includes a report completed by a  physician licensed physician,            

11  a licensed physician's assistant, or a certified nurse                      

12  practitioner licensed to practice in the employee's state of                

13  residence.  This subdivision does not require new or additional             

14  third party reimbursement or worker's compensation benefits for             

15  services rendered.

16      (d) A fee of $25.00 for each employee seeking licensure as an               

17  instructor.                                                                 

18      (e) Except as otherwise provided in section 5b, an                          

19  authorization to be signed by a prospective employee to be hired            

20  as a driving instructor permitting the licensee to request a                

21  criminal history check from the department of state police and              

22  the federal bureau of investigation.                                        

23      (3) The department shall issue a license certificate to the                 

24  driver training school licensee for each of its employees who               

25  meet the requirements of this act for licensure as an                       

26  instructor.  A license certificate expires on December 31 of the            

27  year for which it is issued.                                                

1       (4) The department may issue a license certificate to an                    

2   applicant for a driving instructor's license after the favorable            

3   criminal history check from the department of state police, but             

4   on the condition that the license shall be canceled or revoked if           

5   the criminal history check from the federal bureau of                       

6   investigation reveals that the applicant does not satisfy the               

7   qualifications for a license certificate.  The department shall             

8   immediately notify the driver training school licensee, which               

9   shall require the applicant to surrender the license                        

10  certificate.                                                                

11      (5) In order to qualify as an instructor, a person shall meet               

12  all of the following requirements:                                          

13      (a) Be physically able to operate a motor vehicle and to                    

14  train others in the operation of motor vehicles.                            

15      (b) Have a driving record that indicates competence to                      

16  operate a motor vehicle consistent with standards set forth in              

17  rules promulgated by the secretary of state.                                

18      (c) Be 21 years of age or older on the date the person's                    

19  license application is submitted to the secretary of state.                 

20      (d) Have a driving record, within the 5 years immediately                   

21  preceding submission of an instructor license application to the            

22  secretary of state, that does not contain a conviction for any              

23  violation for which 4 or 6 points are assessed, other than points           

24  assessed for a violation of a speeding law or ordinance, pursuant           

25  to section 320a of the Michigan vehicle code, 1949 PA 300,                  

26  MCL 257.320a.  This subdivision only applies to an applicant who            

27  was not licensed as a driver training school instructor on                  

1   October 1, 1992.                                                            

2       (e) Not have a prior felony or misdemeanor conviction for                   

3   criminal sexual conduct pursuant to sections 520b to 520g of the            

4   Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g, or a            

5   felony conviction for a crime in which an element of the crime is           

6   the use or threat of use of physical force.                                 

7       (6) The department shall not require that a driver training                 

8   school instructor be certified under the revised school code,               

9   1976 PA 451, MCL 380.1 to 380.1852.