S.B. 1026: FIRST ANALYSIS - DRIVER'S LICENSE: ADDRESS CHANGE

Senate Bill 1026 (as reported without amendment)

Sponsor: Senator Mike Rogers

Date Completed: 5-1-98

RATIONALE

According to the Secretary of State, each year approximately 600,000 people change the address on their driver's license. Under current law, someone must personally go to a Secretary of State branch office in order to have his or her address changed. It has been suggested that, in order to reduce branch office traffic and increase customer convenience, drivers should be able to notify the Secretary of State of a change of address by other methods, such as by telephone or electronic mail.

CONTENT

The bill would amend the Michigan Vehicle Code to revise the procedure for changing an address on a driver's license; provide for electronic notice of a change of address or notice by mail or telephone, as prescribed by the Secretary of State; and establish penalties for changing the address of another person without his or her permission.

Change of Address

Currently, if a person moves before his or her driver's license expires, the person immediately must return the license to the local examining board or the Department of State, which is required to write the new address on the back of the license. The bill provides, instead, that the person immediately have to notify the Secretary of State of his or her new residence address. The notice would have to be in a manner prescribed by the Secretary of State and could include notification by personal appearance at a branch office or other location designated by the Secretary of State, or a notification electronically or by mail, telephone, or any other means prescribed by the Secretary of State.

Upon receiving a change of address notification, the Secretary of State would have to change the person's driver license record to indicate the new address and provide the person with a new license or a label or some other mechanism containing the new address on the person's existing license. Upon receiving a label or other mechanism, the person immediately would have to affix it to his or her operator's or chauffeur's license as prescribed by the Secretary of State. If the Secretary of State furnished a new license, the person would have to destroy his or her old license and replace it with the new one.

Penalties

The bill would prohibit a person from reporting to the Secretary of State a change of address for another person without his or her consent. A violation would be a misdemeanor punishable by imprisonment for up to 90 days and/or a maximum fine of $100. As part of the sentence, the court would have to order the Secretary of State to suspend the person's driver's license for six months. The court could not order the Secretary of State to issue a restricted license to the person during the suspension.

Upon a second or subsequent conviction, the violator would be guilty of a felony punishable by imprisonment for up to one year and/or a maximum fine of $1,000. As part of the sentence, the court would have to order the Secretary of State to revoke the person's license.

A license suspension or revocation under these provisions would not be appealable under Section 323 of the Code. (Section 323 allows a person to petition the circuit court for review of a determination of the Secretary of State to deny, revoke, suspend, or restrict a license.)

MCL 257.315 et al.

ARGUMENTS

(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument

It is unnecessary and outdated to require someone to go into a Secretary of State branch office to change the address on his or her driver's license. Under the bill, the Secretary of State could prescribe other methods of giving notice of an address change, including mail, telephone, or e-mail. This could greatly reduce the number of people who must make a trip to a branch office, which could expedite the transactions of others who have to be there. The bill contains safeguards against the possibility that someone could improperly change the address on another person's driver's license. According to the Secretary of State, if someone phoned in an address change, for example, the person would be asked for his or her driver's license number and birthdate. The Secretary of State also reports that when it mailed a new address label to a driver, the mail could not be forwarded. In addition, the proposed criminal penalties and license sanctions could deter illegal address changes.

- Legislative Analyst: S. Lowe

FISCAL IMPACT

Currently, there are no data to indicate how many people would fall under the provisions in this bill. As part of a sentence for improperly reporting a change of address for another person without his or her consent, the Secretary of State would have to suspend the person's license for six months. In fiscal year 1996-97, approximately 370,000 licenses were suspended or revoked, according to the Department of State. An applicant for reinstatement must pay a $125 reinstatement fee to regain his or her license. An applicant under the bill also would need to pay this fee.

The new crime proposed by the bill could result in increased jail commitments for those individuals convicted of reporting a change of address for another person without his or her consent, or for second or subsequent violations of this section. There are no data currently available that might indicate the potential number of annual violators. Jail incarceration costs vary by county.

- Fiscal Analyst: E. Limbs

- K. Firestone

A9798\S1026A

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.