Act No. 589

Public Acts of 2006

Approved by the Governor

December 30, 2006

Filed with the Secretary of State

January 3, 2007

EFFECTIVE DATE: January 3, 2007

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Reps. Elsenheimer, Moore, Walker, Moolenaar, Rick Jones, Wenke, Pearce, Green, Hansen, Booher, Stahl, Caul, Pavlov, Proos, Nitz, Baxter, LaJoy, Casperson, Acciavatti, Ball, Mortimer, Rocca, Palmer, Hoogendyk, Gosselin, Drolet, Farhat, Robertson, Shaffer, Amos, Schuitmaker, Meyer, Nofs, Hummel, Newell, Brandenburg, Caswell, Hildenbrand, Palsrok, Stakoe and Garfield

ENROLLED HOUSE BILL No. 6346

AN ACT to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 811 (MCL 257.811), as amended by 2004 PA 71.

The People of the State of Michigan enact:

Sec. 811. (1) An application for an original operator's or an original or renewal chauffeur's license as provided in sections 307 and 312 and an application for an original minor's restricted license as provided in section 312 shall be accompanied by the following fees:

Operator's license $ 25.00

Chauffeur's license 35.00

Minor's restricted license 25.00

The renewal fee for an operator's license renewed under this section is $18.00. However, if an operator's license is expired at the time of the renewal, the fee is the same as the original fee, except as provided in subsection (4). The date of an application for a renewal of an operator's license under this section that is delivered to the secretary of state by regular mail is the postmark date in determining the fee to be assessed.

(2) The secretary of state shall deposit the money received and collected under subsection (1) in the state treasury to the credit of the general fund. The secretary of state shall refund out of the fees collected to each county or municipality acting as an examining officer or examining bureau $2.50 for each applicant examined for an original license, $1.00 for each applicant examined for an original chauffeur's license, and $1.00 for every other applicant examined, if the application is not denied and the money refunded is paid to the county or local treasurer and is appropriated to the county, municipality, or officer or bureau receiving the money for the purpose of carrying out this act. The state treasurer shall deposit the sum of $4.00 in the traffic law enforcement and safety fund created in section819a for each person examined for an original license, a renewal operator's license, an original chauffeur's license, or a renewal chauffeur's license, except that the sum deposited for each 2-year operator's or 2-year chauffeur's license shall be $2.00.

(3) Notwithstanding sections 306 and 308, an operator's license shall not be issued to a person under 18 years of age unless that person successfully passes a driver education course and examination given by a school licensed under the driver education and training schools act, 1974 PA 369, MCL 256.601 to 256.612. A person who has been a holder of a motor vehicle operator's license issued by any other state, territory, or possession of the United States, or any other sovereignty for 1 year immediately before application for an operator's license under this act is not required to comply with this subsection. Restricted licenses may be issued pursuant to section 312 without compliance with this subsection.

(4) A person who is on active military service at the time his or her operator's license expires shall be charged the renewal rate for renewing his or her operator's license under this section if all of the following apply:

(a) He or she applies for renewal within 30 days of returning to this state from active duty.

(b) He or she held a valid, unexpired operator's license from this state immediately prior to leaving this state for active military service.

(c) He or she presents such documentation as the secretary of state requires to establish eligibility under this subsection.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor