HOUSE BILL No. 4620 April 15, 1997, Introduced by Rep. Martinez and referred to the Committee on Health Policy. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 307. (1) An application for an operator's or 2 chauffeur's license shall be made in a manner prescribed by the 3 secretary of state and shall contain all of the following: 4 (a) For an operator's or chauffeur's license, full name, 5 date of birth, address of residence, height, sex, eye color, and 6 signature of the applicant, and other information required or 7 permitted on the license pursuant to this chapter. 8 (b) For an operator's or chauffeur's license with a vehicle 9 group designation or indorsement, full name, social security 02891'97 CPD 2 1 number, date of birth, address of residence, height, sex, and 2 signature of the applicant, and other information required or 3 permitted on the license pursuant to this chapter. 4 (c) For an operator's or chauffeur's license with a vehicle 5 group designation or indorsement, the following certifications 6 made by the applicant: 7 (i) That the applicant meets the applicable federal physical 8 driver qualification requirements pursuant to 49 C.F.R. part 391 9 if the applicant operates or intends to operate in interstate 10 commerce or meets the applicable physical qualifications pursuant 11 to the rules promulgated by the department of state police under 12 the motor carrier safety act of 1963,Act No. 181 of the Public13Acts of 1963, being sections 480.11 to 480.21 of the Michigan14Compiled Laws1963 PA 181, MCL 480.11 TO 480.21, if the appli- 15 cant operates or intends to operate in intrastate commerce. 16 (ii) That the vehicle in which the applicant will take the 17 driving skills tests is representative of the type of vehicle the 18 applicant operates or intends to operate. 19 (iii) That the applicant has not been convicted of an 20 offense as described in section 312f or 319b. 21 (iv) That the applicant does not have a driver's license 22 from more than 1 state. 23 (d) For an operator's or chauffeur's license with a vehicle 24 group designation or indorsement and for which the applicant 25 claims a waiver of the driving test as provided in section 312f, 26 the following additional certifications made by the applicant 27 concerning the 2-year period immediately before application: 02891'97 3 1 (i) That the applicant has not had more than 1 license. 2 (ii) That the applicant has not had any license suspended, 3 revoked, or canceled. 4 (iii) That the applicant has not been convicted of any 5 offense described in section 319b while operating a motor 6 vehicle. 7 (iv) That the applicant has not been convicted of a moving 8 violation under state or local law relating to motor vehicle 9 traffic control arising in connection with a traffic accident. 10 (v) That the applicant is regularly employed in a job 11 requiring the operation of a commercial motor vehicle. 12 (vi) That the applicant qualifies under either of the 13 following: 14 (A) Has passed a behind-the-wheel driving test given by a 15 state with a commercial motor vehicle driver licensing and test- 16 ing system and taken in a representative vehicle for that 17 applicant's driver's license vehicle group designation. 18 (B) Has operated, for at least 2 years immediately preceding 19 application, a vehicle representative of the commercial motor 20 vehicle group or passenger vehicle for which he or she is 21 applying. Evidence shall be provided by the applicant's employer 22 or by the applicant if self-employed. 23 (2) An applicant for an operator's or chauffeur's license 24 may have his or her image captured or reproduced at the time the 25 application for the license is made. The secretary of state 26 shall acquire by purchase or lease the equipment for capturing 27 the images and may furnish the equipment to a local unit 02891'97 4 1 authorized by the secretary of state to license drivers. The 2 secretary of state shall acquire equipment purchased or leased 3 pursuant to this section under standard purchasing procedures of 4 the department of management and budget based on standards and 5 specifications established by the secretary of state. The secre- 6 tary of state shall not purchase or lease equipment until an 7 appropriation for the equipment has been made by the 8 legislature. An image captured pursuant to this section shall 9 appear on the applicant's operator's or chauffeur's license. The 10 secretary of state may retain and use a person's image described 11 in this subsection only for programs administered by the secre- 12 tary of state. Except as provided in this subsection, the secre- 13 tary of state shall not use a person's image unless written per- 14 mission for that purpose is granted by the person to the secre- 15 tary of state or specific enabling legislation permitting the use 16 is enacted into law. A law enforcement agency of this state 17shall haveHAS access toanyinformation retained by the sec- 18 retary of state under this subsection. The information may be 19 utilized for any law enforcement purpose unless otherwise prohib- 20 ited by law. 21 (3) An application shall contain a signature and certifica- 22 tion by the applicant and shall be accompanied by the proper 23 fee. The examiner shall collect the application fee and shall 24 forward the fee to the secretary of state with the application. 25 The secretary of state shall refund the application fee to the 26 applicant if the license applied for is denied, but shall not 27 refund the fee to an applicant who fails to complete the 02891'97 5 1 examination requirements of the secretary of state within 90 days 2 after the date of application for a license. Until January 1, 3 2002, a service fee of $1.00 shall be added to each fee collected 4 for an original, renewal, duplicate, or corrected operator's or 5 chauffeur's license. The service fee received and collected 6 under this subsection shall be deposited in the state treasury to 7 the credit of the general fund. The service fee shall be used to 8 defray the expenses of the secretary of state. Appropriations 9 from the Michigan transportation fund shall not be used to com- 10 pensate the secretary of state for costs incurred and services 11 performed under this section. 12 (4) BEFORE OR AT THE TIME A PERSON APPLIES FOR AN OPERATOR'S 13 OR CHAUFFEUR'S LICENSE, THE SECRETARY OF STATE SHALL DO BOTH OF 14 THE FOLLOWING: 15 (A) PROVIDE THE APPLICANT WITH A WRITTEN STATEMENT EXPLAIN- 16 ING THE APPLICANT'S RIGHT TO MAKE AN ANATOMICAL GIFT IN THE EVENT 17 OF DEATH IN ACCORDANCE WITH SECTION 310 AND DESCRIBING THE ORGAN 18 DONATION REGISTRY PROGRAM MAINTAINED BY THE GIFT OF LIFE TRANS- 19 PLANTATION SOCIETY OF MICHIGAN. IF THE APPLICANT CHOOSES TO MAKE 20 AN ANATOMICAL GIFT IN THE EVENT OF DEATH IN ACCORDANCE WITH SEC- 21 TION 310, THE SECRETARY OF STATE SHALL INFORM THE APPLICANT THAT 22 THE SECRETARY OF STATE WILL TRANSMIT THE APPLICANT'S NAME AND 23 ADDRESS TO THE ORGAN DONATION REGISTRY MAINTAINED BY THE GIFT OF 24 LIFE TRANSPLANTATION SOCIETY OF MICHIGAN, PURSUANT TO SUBSECTION 25 (5), UNLESS THE APPLICANT OBJECTS IN WRITING TO THE TRANSMITTAL. 26 (B) EXCEPT FOR A LICENSE RENEWED BY MAIL, ASK EACH APPLICANT 27 18 YEARS OF AGE OR OLDER WHETHER HE OR SHE WISHES TO MAKE AN 02891'97 6 1 ANATOMICAL GIFT IN THE EVENT OF DEATH IN ACCORDANCE WITH 2 SECTION 310, AND PROVIDE THE APPLICANT WITH THE OPPORTUNITY TO 3 SPECIFY ON HIS OR HER LICENSE APPLICATION THAT HE OR SHE HAS 4 CHOSEN TO MAKE SUCH AN ANATOMICAL GIFT. 5 (5) IF AN APPLICANT CHOOSES TO MAKE AN ANATOMICAL GIFT IN 6 THE EVENT OF DEATH IN ACCORDANCE WITH SECTION 310, THE SECRETARY 7 OF STATE SHALL TRANSMIT THE APPLICANT'S NAME AND ADDRESS TO THE 8 ORGAN DONOR REGISTRY MAINTAINED BY THE GIFT OF LIFE TRANSPLANTA- 9 TION SOCIETY OF MICHIGAN, UNLESS THE APPLICANT OBJECTS IN WRITING 10 TO THE TRANSMITTAL. IF THE APPLICANT DOES NOT OBJECT TO THE 11 TRANSMITTAL, THE SECRETARY OF STATE SHALL TRANSMIT THE 12 APPLICANT'S NAME AND ADDRESS TO THE ORGAN DONOR REGISTRY WITHIN 13 10 DAYS AFTER THE APPLICANT APPLIES FOR AN OPERATOR'S OR 14 CHAUFFEUR'S LICENSE. 15 (6)(4)If an application is received from a person previ- 16 ously licensed in another jurisdiction, the secretary of state 17 shall request a copy of the applicant's driving record and other 18 available information from the other jurisdiction. When 19 received, the driving record and other available information from 20 the other jurisdiction becomes a part of the driver's record in 21 this state with the same force and effect as if it had been 22 entered on the driver's record in this state in the original 23 instance. If the application is for an original, renewal, or 24 change of a vehicle group designation or indorsement, the secre- 25 tary of state shall also check the applicant's driving record 26 with the national drivers register and the United States 02891'97 7 1 department of transportation before issuance of that group 2 designation or indorsement. 3 (7)(5)Except for a vehicle group designation or indorse- 4 ment, the secretary of state may issue a renewal operator's or 5 chauffeur's license for 1 additional 4-year period by mail or by 6 other methods prescribed by the secretary of state. The secre- 7 tary of state shall issue a renewal license only in person when 8 the licensee has a driving record with a conviction or civil 9 infraction determination obtained in the 48 months preceding 10 renewal. However, the secretary of state shall not refuse to 11 issue a renewal license by mail or by other method because of a 12 conviction or civil infraction determination for which fines and 13 costs were waived pursuant to section 901a or section 907. If a 14 license is renewed by mail or by other method, the secretary of 15 state shall issue evidence of renewal to indicate the date the 16 license expires in the future. 17 (8)(6)Upon request, the secretary of state shall provide 18 an information manual to an applicant explaining how to obtain a 19 vehicle group designation or indorsement. The manual shall con- 20 tain the information required pursuant to 49 C.F.R. part 383. 02891'97 Final page. CPD