PHYSICIAN REPORT: DRIVER QUALIFICATION                            S.B. 402 (S-1) & 403 (S-1):

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

Senate Bill 402 (Substitute S-1 as reported)

Senate Bill 403 (Substitute S-1 as reported)

Sponsor:  Senator Tonya Schuitmaker

Committee:  Transportation

 

CONTENT

 

Senate Bill 402 (S-1) would amend the Public Health Code to do the following:

 

 --    Allow a physician or optometrist to report to the Secretary of State (SOS) or warn a third party regarding a patient's mental and physical qualifications to operate a motor vehicle safely.

 --    Allow a physician or optometrist to submit a report to the SOS to initiate or contribute to an examination of a license applicant's physical and mental qualifications to operate a motor vehicle safely, and require the physician or optometrist to recommend a period of license suspension.

 --    Provide immunity from criminal or civil liability for a physician or optometrist who reported to the SOS or a third party or chose not to report to the SOS or warn a third party.

 

In making the report, the physician or optometrist would have to recommend a period of suspension as he or she determined appropriate.  The recommended suspension period would have to be at least six months in the case of a patient holding an operator's license, and at least 12 months in the case of a patient holding a commercial license.

 

Senate Bill 403 (S-1) would amend the Michigan Vehicle Code to authorize the SOS to consider a report and recommendation submitted by a physician or optometrist under Senate Bill 402 (S-1) in an examination of a license applicant's physical and mental qualifications to operate a motor vehicle; and provide that the report would be confidential.

 

The bills are tie-barred.

 

Proposed MCL 333.5139 (S.B. 402)                                  Legislative Analyst:  Julie Cassidy

MCL 257.309 (S.B. 403)

 

FISCAL IMPACT

 

Senate Bill 402 (S-1):  The Department of State indicates that the bill could result in more re-examinations for a driver license; however, the Department anticipates that any costs incurred from the implementation of this bill would be absorbed within the Department's annual appropriation.

 

Senate Bill 403 (S-1):  The bill would have no fiscal impact on State or local government.

 

Date Completed:  6-6-12                                                     Fiscal Analyst:  Joe Carrasco

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.