Introduced by Senators Victory, Barrett and Johnson


AN ACT to amend 2006 PA 384, entitled “An act to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to rescind administrative rules,” by amending section 39 (MCL 256.659), as amended by 2010 PA 16.

The People of the State of Michigan enact:

Sec. 39. A segment 2 curriculum course provided under this act must meet all of the following requirements:

(a) Be offered only to a student who has done all of the following:

(i) Successfully completed a segment 1 curriculum driver education course.

(ii) Held a valid level 1 graduated driver license for not less than 3 continuous months.

(iii) Acquired 30 or more hours driving experience on a level 1 graduated driver license that includes, except as otherwise provided in this subparagraph, not less than 2 hours of night driving with a licensed parent or legal guardian, or with the permission of a parent or legal guardian, with any licensed driver who is 21 years of age or older. The nighttime hours requirement does not apply to a person who has been issued a graduated driver license that permits daylight driving only as provided in R 257.3 of the Michigan Administrative Code.

(b) Contain 6 or more hours of classroom instruction that is scheduled so the student receives not more than 2 hours of classroom instruction per day.

(c) Provide instruction explaining the right to make an anatomical gift in the event of death under part 101 of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123. Instructional materials to effectuate this subdivision must be developed in cooperation with the federally designated organ procurement organization for this state and must include information on how to join the state organ, tissue, and eye donor registry. The following apply to instruction provided under this subdivision:

(i) If instruction material is provided at no cost to the driver education provider in an electronic medium and the provider uses a compatible type of electronic medium in providing instruction under this section, the provider shall show the instruction material to its students.

(ii) If instruction material is provided at no cost to the driver education provider in the form of a brochure or other written material, the provider shall provide the material to its students.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 192 of the 100th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives