Senate Introduced Bill B00955

SENATE BILL No. 955

December 13, 2001, Introduced by Senator SIKKEMA and referred to the Committee on Transportation and Tourism.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 310 (MCL 257.310), as amended by 1998 PA

226.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 310. (1) The secretary of state shall issue an

2 operator's license to each person licensed as an operator and a

3 chauffeur's license to each person licensed as a chauffeur. An

4 applicant for a motorcycle indorsement under section 312a or a

5 vehicle group designation or indorsement shall first qualify for

6 an operator's or chauffeur's license before the indorsement or

7 vehicle group designation application is accepted and processed.

8 (2) The license issued under subsection (1) shall contain

9 all of the following information:

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1 (a) The distinguishing number permanently assigned to the

2 licensee.

3 (b) The full name, date of birth, address of residence,

4 height, eye color, sex, an image, and the signature of the

5 licensee.

6 (c) An indication that the license contains 1 or more of the

7 following:

8 (i) The blood type of the licensee.

9 (ii) Immunization data of the licensee.

10 (iii) Medication data of the licensee.

11 (iv) A statement that the licensee is deaf.

12 (v) A statement that the licensee is an organ and tissue

13 donor pursuant to part 101 of the public health code, 1978 PA

14 368, MCL 333.10101 to 333.10109.

15 (vi) Emergency contact information of the licensee.

16 (d) If the licensee has made a statement described in

17 subdivision (c)(v), the signature of the licensee following the

18 indication of his or her organ and tissue donor intent identified

19 in subdivision (c)(v), along with the signature of at least 1

20 witness.

21 (3) Except as otherwise required in this chapter, other

22 information required on the license pursuant to this chapter may

23 appear on the license in a form prescribed by the secretary of

24 state.

25 (4) The license shall not contain a fingerprint or finger

26 image of the licensee.

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1 (5) A digitized license may contain an identifier for voter

2 registration purposes. The digitized license may contain

3 information appearing in electronic or machine readable codes

4 needed to conduct a transaction with the secretary of state. The

5 information shall be limited to the person's driver license

6 number, birth date, license expiration date, and other informa-

7 tion necessary for use with electronic devices, machine readers,

8 or automatic teller machines and shall not contain the person's

9 name, address, driving record, or other personal identifier. The

10 license shall identify the encoded information.

11 (6) The license shall be manufactured in a manner to pro-

12 hibit as nearly as possible the ability to reproduce, alter,

13 counterfeit, forge, or duplicate the license without ready

14 detection. In addition, a license with a vehicle group designa-

15 tion shall contain the information required pursuant to

16 49 C.F.R. part 383.

17 (7) A person who intentionally reproduces, alters, counter-

18 feits, forges, or duplicates a license photograph, the negative

19 of the photograph, an image, a license, OR the electronic data

20 contained on a license or a part of a license , or who uses a

21 license, an image, or photograph that has been reproduced,

22 altered, counterfeited, forged, or duplicated is subject to 1 of

23 the following:

24 (a) If the intent of the reproduction, alteration, counter-

25 feiting, forging, duplication, or use was to commit or aid in the

26 commission of an offense THAT IS A FELONY punishable by

27 imprisonment for 1 10 or more years, the person committing the

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1 reproduction, alteration, counterfeiting, forging, duplication,

2 or use is guilty of a ~~misdemeanor,~~ FELONY punishable by impris-

3 onment for ~~a period equal to the imprisonment that could be~~

4 ~~imposed for the commission of the offense the person had the~~

5 ~~intent to aid or commit. The court may also assess~~ NOT MORE

6 THAN 10 YEARS OR a fine of not more than ~~$10,000.00 against the~~

7 ~~person~~ $20,000.00, OR BOTH.

8 (b) If the intent of the reproduction, alteration, counter-

9 feiting, forging, duplication, or use was to commit or aid in the

10 commission of an offense THAT IS A FELONY punishable by imprison-

11 ment for ~~not more~~ LESS than ~~1 year~~ 10 YEARS OR A MISDEMEANOR

12 PUNISHABLE BY IMPRISONMENT FOR 6 MONTHS OR MORE, the person com-

13 mitting the reproduction, alteration, counterfeiting, forging,

14 duplication, or use is guilty of a ~~misdemeanor,~~ FELONY punish-

15 able by imprisonment for not more than ~~1 year,~~ 5 YEARS or a

16 fine of not more than ~~$1,000.00~~ $10,000.00, or both.

17 (C) IF THE INTENT OF THE REPRODUCTION, ALTERATION, COUNTER-

18 FEITING, FORGING, DUPLICATION, OR USE WAS TO COMMIT OR AID IN THE

19 COMMISSION OF AN OFFENSE THAT IS A MISDEMEANOR PUNISHABLE BY

20 IMPRISONMENT FOR LESS THAN 6 MONTHS, THE PERSON COMMITTING THE

21 REPRODUCTION, ALTERATION, COUNTERFEITING, FORGING, DUPLICATION,

22 OR USE IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR

23 NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $2,000.00, OR

24 BOTH.

25 (8) A PERSON WHO SELLS, OR WHO POSSESSES WITH THE INTENT TO

26 DELIVER TO ANOTHER, A REPRODUCED, ALTERED, COUNTERFEITED, FORGED,

27 OR DUPLICATED LICENSE PHOTOGRAPH, NEGATIVE OF THE PHOTOGRAPH,

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1 IMAGE, LICENSE, OR ELECTRONIC DATA CONTAINED ON A LICENSE OR PART

2 OF A LICENSE IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR

3 NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR

4 BOTH.

5 (9) A PERSON WHO IS IN POSSESSION OF 2 OR MORE REPRODUCED,

6 ALTERED, COUNTERFEITED, FORGED, OR DUPLICATED LICENSE PHOTO-

7 GRAPHS, NEGATIVES OF THE PHOTOGRAPH, IMAGES, LICENSES, OR ELEC-

8 TRONIC DATA CONTAINED ON A LICENSE OR PART OF A LICENSE IS GUILTY

9 OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS

10 OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH.

11 (10) A PERSON WHO IS IN POSSESSION OF A REPRODUCED, ALTERED,

12 COUNTERFEITED, FORGED, OR DUPLICATED LICENSE PHOTOGRAPH, NEGATIVE

13 OF THE PHOTOGRAPH, IMAGE, LICENSE, OR ELECTRONIC DATA CONTAINED

14 ON A LICENSE OR PART OF A LICENSE IS GUILTY OF A MISDEMEANOR PUN-

15 ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT

16 MORE THAN $2,000.00, OR BOTH.

17 (11) ~~(8)~~ The secretary of state, upon determining after an

18 examination that an applicant is mentally and physically quali-

19 fied to receive a license, may issue to that person a temporary

20 driver's permit entitling the person while having the permit in

21 his or her immediate possession to drive a motor vehicle upon the

22 highway for a period not exceeding 60 days before issuance to the

23 person of an operator's or chauffeur's license by the secretary

24 of state.

25 (12) ~~(9)~~ An operator or chauffeur may indicate on the

26 license in a place designated by the secretary of state his or

27 her blood type, emergency contact information, immunization data,

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1 medication data, or a statement that the licensee is deaf, or a

2 statement that the licensee is an organ and tissue donor and has

3 made an anatomical gift pursuant to part 101 of the public health

4 code, 1978 PA 368, MCL 333.10101 to 333.10109.

5 (13) ~~(10)~~ If the applicant provides proof to the secretary

6 of state that he or she is a minor who has been emancipated pur-

7 suant to 1968 PA 293, MCL 722.1 to 722.6, the license shall bear

8 the designation of the individual's emancipated status in a

9 manner prescribed by the secretary of state.

10 Enacting section 1. This amendatory act takes effect April

11 1, 2002.

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