HOUSE BILL No. 6151
September 22, 1998, Introduced by Reps. Jelinek and Hammerstrom and referred to the Committee on Transportation. A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain per- sons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11. 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: 06561'98 TJS 2 1 (a) The name and address of the employee. 2 (b) The driver's license number of the employee. An appli- 3 cation for a nonresident employee shall also include a certified 4 copy of his or her driving record from his or her state of 5 residence. 6 (c) A dated medical examination report that is not more than 7 2 years old and is completed by a physician licensed to practice 8 in this state. An application for a nonresident employee ful- 9 fills the requirement of this subdivision if the application 10 includes a report completed by a physician licensed to practice 11 in the employee's state of residence. 12 (d) A fee of $25.00 for each employee seeking licensure as 13 an instructor. 14 (e) Except as otherwise provided in section 5b, an authori- 15 zation to be signed by a prospective employee before hiring TO 16 BE HIRED as a driving instructor permitting the licensee to 17 request a criminal history check from the department of state 18 police and the federal bureau of investigation. 19 (3) The department shall issue a license certificate to the 20 driver training school licensee for each of its employees who 21 meet the requirements of this act for licensure as an 22 instructor. A license certificate expires on December 31 of the 23 year for which it is issued. 24 (4) THE DEPARTMENT MAY ISSUE A TEMPORARY INSTRUCTOR'S 25 LICENSE TO AN APPLICANT FOR A DRIVING INSTRUCTOR'S LICENSE FOR 26 USE DURING THE PENDENCY OF THE INVESTIGATION OF THE APPLICANT'S 27 QUALIFICATIONS FOR A LICENSE. IF THE INVESTIGATION REVEALS THAT 06561'98 3 1 THE APPLICANT DOES NOT SATISFY THE QUALIFICATIONS FOR A LICENSE, 2 THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE DRIVER TRAINING 3 SCHOOL LICENSEE WHICH SHALL REQUIRE THE APPLICANT TO SURRENDER 4 THE TEMPORARY LICENSE. 5 (5) (4) In order to qualify as an instructor, a person 6 shall meet all of the following requirements: 7 (a) Be physically able to operate a motor vehicle and to 8 train others in the operation of motor vehicles. 9 (b) Have a driving record that indicates competence to oper- 10 ate a motor vehicle consistent with standards set forth in rules 11 promulgated by the secretary of state. 12 (c) Be 21 years of age or older on the date the person's 13 license application is submitted to the secretary of state. 14 (d) Have a driving record, within the 5 years immediately 15 preceding submission of an instructor license application to the 16 secretary of state, that does not contain a conviction for any 17 violation for which 4 or 6 points are assessed, other than points 18 assessed for a violation of a speeding law or ordinance, pursuant 19 to section 320a of the Michigan vehicle code, 1949 PA 300, MCL 20 257.320a. This subdivision shall only apply to an applicant who 21 is WAS not currently licensed as a driver training school 22 instructor on October 1, 1992. 23 (e) Not have a prior felony or misdemeanor conviction for 24 criminal sexual conduct pursuant to sections 520b to 520g of the 25 Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520g, or a 26 felony conviction for a crime in which an element of the crime is 27 the use or threat of use of physical force. 06561'98 4 1 Sec. 5b. (1) Except as otherwise provided in SECTION 5 OR 2 this subsection, a driver training school licensee shall not 3 employ a person as an instructor or, after the effective date of 4 this section JUNE 1, 1998, continue to employ a person as a 5 driving instructor before requesting and receiving not less than 6 once every 2 years from the department of state police and the 7 federal bureau of investigation a criminal history check on the 8 person. A person who is currently employed as a driver education 9 instructor with a public school in this state shall not be 10 required to submit to a criminal history check under this 11 section. 12 (2) A driver training school licensee shall make a request 13 with payment of the appropriate fee to the criminal records divi- 14 sion of the department of state police for a criminal history 15 check required under this section on a form and in a manner pre- 16 scribed by the criminal records division of the department of 17 state police. 18 (3) Within 45 days after receiving a proper request by a 19 driver training school licensee for a criminal history check on a 20 person under this section, the criminal records division of the 21 department of state police shall conduct the criminal history 22 check and, after conducting the criminal history check and within 23 that time period, provide a report of the results of the criminal 24 history check to the driver training school licensee and the 25 department. The report shall contain any criminal history record 26 information on the person maintained by the criminal records 27 division of the department of state police. 06561'98 5 1 (4) Criminal history record information received from the 2 criminal records division of the department of state police under 3 subsection (3) shall be used by a driver training school licensee 4 only for the purpose of evaluating a person's qualifications for 5 employment as a driver training instructor. A driver training 6 school licensee or the department shall only disclose the report 7 or its contents to a person who is directly involved in evaluat- 8 ing the applicant's qualifications for employment, and shall only 9 disclose to that person those crimes described in 10 section 5(4)(e). A person who violates this subsection is guilty 11 of a misdemeanor punishable by a fine of not more than 12 $10,000.00. 13 (5) As used in this section, "criminal history record 14 information" means that term as defined in section 1a of 1925 PA 15 289, MCL 28.241a. 06561'98 Final page. TJS