HOUSE BILL No. 4638

 

May 26, 2015, Introduced by Rep. Nesbitt and referred to the Committee on Commerce and Trade.

 

     A bill to amend 1990 PA 271, entitled

 

"Limousine transportation act,"

 

by amending section 5 (MCL 257.1905).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) This act shall does not apply to a limo carrier of

 

passengers that is any of the following:

 

     (a) A county, city, township, or village as provided by law,

 

or other authority incorporated under Act No. 55 of the Public Acts

 

of 1963, being sections 124.351 to 124.359 of the Michigan Compiled

 

Laws.1963 PA 55, MCL 124.351 to 124.359.

 

     (b) An authority incorporated under the metropolitan

 

transportation authorities act of 1967, Act No. 204 of the Public

 

Acts of 1967, being sections 124.401 to 124.426 of the Michigan

 

Compiled Laws, 1967 PA 204, MCL 124.401 to 124.426, or that

 

operates a transportation service pursuant to under an interlocal


agreement under the urban cooperation act of 1967, Act No. 7 of the

 

Public Acts of the Extra Session of 1967, being sections 124.501 to

 

124.512 of the Michigan Compiled Laws.1967 (Ex Sess) PA 7, MCL

 

124.501 to 124.512.

 

     (c) Operating under a contract entered into pursuant to Act

 

No. 8 of the Public Acts of the Extra Session of 1967, being

 

sections 124.531 to 124.536 of the Michigan Compiled Laws, under

 

1967 (Ex Sess) PA 8, MCL 124.531 to 124.536, or Act No. 35 of the

 

Public Acts of 1951, being sections 124.1 to 124.13 of the Michigan

 

Compiled Laws.1951 PA 35, MCL 124.1 to 124.13.

 

     (d) An authority incorporated under the public transportation

 

authority act, Act No. 196 of the Public Acts of 1986, being

 

sections 124.451 to 124.479 of the Michigan Compiled Laws, 1986 PA

 

196, MCL 124.451 to 124.479, or a nonprofit corporation organized

 

under the nonprofit corporation act, Act No. 162 of the Public Acts

 

of 1982, being sections 450.2101 to 450.3192 of the Michigan

 

Compiled Laws, 1982 PA 162, MCL 450.2101 to 450.3192, that provides

 

transportation services.

 

     (e) An authority financing public improvements to

 

transportation systems under the revenue bond act of 1933, Act No.

 

94 of the Public Acts of 1933, being sections 141.101 to 141.140 of

 

the Michigan Compiled Laws.1933 PA 94, MCL 141.101 to 141.140.

 

     (f) Only operating limousines to provide the transportation of

 

passengers for funerals.

 

     (g) Only operating wholly within the boundaries of a local

 

unit of government if the local unit of government has its own

 

safety inspection and insurance requirements.


     (2) A limo carrier of passengers exempt under subsection (1)

 

shall operate under the requirements of this act when operating

 

outside of the political subdivisions permitted by the authorizing

 

statute or the contract required by the authorizing statute.

 

     (3) This act shall does not apply to a limo carrier of

 

passengers who is only providing transportation using metered

 

vehicles identified as a taxi or taxicab with a maximum seating

 

capacity of 3 to 9 passengers or less, including the driver.

 

     (4) This act does not apply to a transportation network

 

company. As used in this subsection:

 

     (a) "Digital network" means an online-enabled application,

 

software, website, or system offered or utilized by a

 

transportation network company that enables the prearrangement of

 

rides with transportation network company drivers.

 

     (b) "Prearranged ride" means the provision of transportation

 

by a transportation network company driver to a transportation

 

network company rider, beginning when the driver accepts a ride

 

requested by a rider through a digital network controlled by a

 

transportation network company, continuing while the driver

 

transports the requesting rider, and ending when the last

 

requesting rider departs from the personal vehicle. Prearranged

 

ride does not include transportation provided using a taxicab,

 

limousine, or other commercial vehicle.

 

     (c) "Transportation network company" means a person operating

 

in this state that uses a digital network to connect transportation

 

network company riders to transportation network company drivers

 

who provide prearranged rides. Transportation network company does


not include a taxi service, transportation service arranged through

 

a transportation broker, ridesharing arrangement, or transportation

 

service using fixed routes at regular intervals.