SENATE BILL No. 442

 

 

August 20, 2019, Introduced by Senator HOLLIER and referred to the Committee on Appropriations.

 

 

 

      A bill to amend 2016 PA 345, entitled

 

"Limousine, taxicab, and transportation network company act,"

 

by amending section 4 (MCL 257.2104).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 4. (1) A limousine carrier, taxicab carrier, or

 

 2  transportation network company shall not operate in this state

 

 3  without first having registered with the department under this

 

 4  act.

 

 5        (2) An application for registration shall be made on a form

 

 6  provided by the department and accompanied by a fee of $25.00 if

 

 7  the applicant registers 10 or fewer vehicles under this section,

 

 8  a fee of $50.00 if the applicant registers between 11 and 25

 

 9  vehicles under this section, and a $100.00 application fee if the

 

10  applicant registers more than 25 vehicles under this section.

 

 1        (3) The department shall issue a registration to an

 

 2  applicant that meets the requirements of this act and pays the

 

 3  application fee described in subsection (2) and an annual

 

 4  registration fee of $100.00 for the first vehicle registered

 

 5  under this act and $50.00 per vehicle for the second through

 

 6  ninth vehicles registered under this act. If the applicant

 

 7  registers more than 9 vehicles under this act, the applicant

 

 8  shall pay a registration fee according to the following schedule:

 

 

9

       10 vehicles..................  $    550.00

10

       11 to 25 vehicles............  $  1,000.00

11

       26 to 100 vehicles...........  $  2,500.00

12

       101 to 500 vehicles..........  $  5,000.00

13

       501 to 1,000 vehicles........  $ 10,000.00

14

       More than 1,000 vehicles.....  $ 30,000.00

 

 

15        The department shall expend money received from registration

 

16  fees under this subsection to defray the costs of enforcing and

 

17  administering this act.

 

18        (4) Fees collected by the department under this act shall be

 

19  retained by the department to enforce and administer this act,

 

20  and shall not lapse to the general fund.

 

21        (5) To obtain a registration under this act, a limousine

 

22  carrier, taxicab carrier, or transportation network company shall

 

23  submit an application, on a form developed by the department, to

 

24  the department that includes all of the following information:

 

25        (a) Proof that the applicant has satisfied the insurance

 

26  requirements of this act.

 

 1        (b) Whether the applicant is an individual, a sole

 

 2  proprietorship, a partnership, a corporation, a limited liability

 

 3  company, or other type of business entity. An applicant that is a

 

 4  sole proprietorship or a general partnership shall be registered

 

 5  at the county level and shall provide to the department a copy of

 

 6  its certificate of conducting business under an assumed name or

 

 7  certificate of co-partnership. If the applicant is a business

 

 8  entity, the applicant shall be a Michigan entity in good standing

 

 9  or a foreign entity that has a certificate of authority and is

 

10  authorized to do business in this state, and shall provide to the

 

11  department its full legal name, a copy of its articles of

 

12  incorporation, articles of organization, or certificate of

 

13  authority, and its federal employer identification number.

 

14        (c) The name, telephone number, mailing address, and

 

15  electronic mail address of a designated contact person for the

 

16  applicant.

 

17        (d) The number of vehicles the applicant operates, according

 

18  to the following schedule:

 

19        (i) Zero to 10.

 

20        (ii) 11 to 25.

 

21        (iii) 26 to 100.

 

22        (iv) 101 to 500.

 

23        (v) 501 to 1,000.

 

24        (vi) More than 1,000.

 

25        (e) If applicable, proof that the applicant has satisfied

 

26  any penalties or conditions imposed by disciplinary action in

 

27  this state.

 

 1        (6) A registration granted under this section expires on

 

 2  August 31 of each year. The department shall renew a registration

 

 3  granted under this section upon payment of the annual

 

 4  registration fee provided for in subsection (1) (3) and receipt

 

 5  of a completed renewal form provided by the department. The

 

 6  department may request any additional information it deems

 

 7  necessary for the administration of this act at the time of

 

 8  renewal.

 

 9        (7) The department may audit the records of a registrant

 

10  under this act, including, but not limited to, conducting a

 

11  random sample of the registrant's records related to drivers,

 

12  subject to all of the following:

 

13        (a) The audit described in this subsection may be conducted

 

14  no more than 2 times per year.

 

15        (b) The audit may take place at a third-party location

 

16  agreed upon by the department and the registrant.

 

17        (8) Subject to subsection (9), records obtained by the

 

18  department or filed under this act, including a record contained

 

19  in or filed with an application or report, are public records and

 

20  shall be made available for public examination.

 

21        (9) All of the following records are not public record and

 

22  shall not be made available for public examination as provided in

 

23  subsection (8):

 

24        (a) A record obtained by the department in connection with

 

25  an audit required under subsection (7).

 

26        (b) Part of a report prepared in connection with an audit

 

27  under subsection (7) that contains trade secrets or confidential

 

 1  information, if the registrant has asserted a claim of

 

 2  confidentiality or privilege that is authorized by law.

 

 3        (c) A record that is not required to be provided to the

 

 4  department or filed under this act and is provided to the

 

 5  department only on the condition that the record will not be

 

 6  subject to public examination or disclosure.

 

 7        (10) Unless otherwise provided by this act or rules

 

 8  promulgated under this act, an applicant for registration under

 

 9  this act shall complete all requirements for registration within

 

10  1 year after receipt of the registration application by the

 

11  department or mailing of a notice of an incomplete registration

 

12  to the last known address on file with the department, whichever

 

13  is later. If the applicant does not complete the requirements of

 

14  this act within the time period provided in this subsection, any

 

15  fees paid by the applicant are forfeited to the department and

 

16  the application for registration is void. An applicant whose

 

17  application is void under this subsection and who wishes to

 

18  register under this act shall submit a new application and fees

 

19  and shall meet the standards in effect on the date of receipt by

 

20  the department of the new application for registration.

 

21        (11) Beginning 3 years after the effective date of this act,

 

22  March 21, 2023, the department shall cease to impose the fees

 

23  provided for in this section.